TOWN of LYME
ZONING
AND
SUB-DIVISION REGULATIONS
LYME, CONN
JULY 19,2008
PRICE $20.00
Lyme Connecticut
Zoning and Subdivision Regulations
Adopted November 6, 1964
Effective November 12, 1964
Amended December 14, 1964
Effective December 19, 1964
Amended June 28, 1965
Effective July 3, 1965
Amended June 1, 1966
Effective June 7, 1966
Amended April 24, 1967
Effective May 18, 1967
Amended September 26, 1969
Effective September 30, 1969
Amended October 15, 1969
Effective October 24, 1969
Amended February 28, 1972
Effective February 28, 1972
Amended July 12, 1974
Effective July 26, 1974
Amended August 29, 1977
Effective September 1, 1977
Amended March 3, 1980
Effective March 3, 1980
Amended April 13, 1987
Effective April 13, 1987
Amended July 15, 1989
Effective July 15, 1989
i
Amended May 1, 1990
Effective May 1, 1990
Section 3.2
Amended and Approved September 10, 1990
Effective November 1, 1990
Addition of Section 3.24
Amended and Approved March 25, 1991
Effective April 10, 1991
Complete Revision of Section 10 – Regulations of Earth Material Operations
Amended and Approved July 22, 1991
Effective August 12, 1991
Changes in Sections 3.17.4.9 (Subdivision)
Add Section 5.1.6.12, modify 10.4, 10.5, and 10.9 of the Zoning Regulations
Amended and Approved June 22, 1992
Effective July 1, 1992
Changes in Sections 1.4, 1.12, 1.48, 1.62, 3.1, 3.2, 3.3, 3.20, 4.4, 5.1.6, 5.1.7, 10.1, 10.2.3, 10.4, 10.5,
10.5.2, 10.5.5, 10.5.7, 10.5.10, 10.6.1, 10.6.2, 10.6.7, 10.6.14, 10.6.14.1, 10.6.14.2, 10.6.14.3, 10.9, 10.12,
16.1, 17 and Section 4.2 and Section 8 of the Subdivision Regulations
Amended October 13, 1992
Effective October 21, 1992
Add 1.3 (Attic), 1.28 (Grade), 1.33 (Human Occupancy), 1.64 (Story above Grade), 3.25 (Commercial
Cutting of Timber), 8.0 (Conservation Zone)
Change 1.30 (height), 1.34 (Lot), 3.2 (Building Height)
Amended May 19, 1993
Effective June 39, 1992
Change 1.4 (Base Flood), 1.22 (Flood Insurance Rate Map), 1.27, (Flood Boundary & Floodway Map), 1.65
(Street), 1.68 (Substantial Improvement), 3.13 (Trailer Camps, Coaches, Manufactured Homes and
Recreational Vehicles), 4.1 (Delineation of Areas), 4.2.1(b) and (c), 4.2.2.2, 4.2.2.3, 4.2.3.3, 4.2.4, 4.2.8(a),
(b) and (c), 4.2.9(b)i, ii, iii, 5.1.7, 11.2 (Existing Non-conforming Lots), SUBDIVISION 2.1.7 (Flood
Insurance Rate Map), 2.1.10 (Flood Boundary & Floodway Map), 3.3 (New Developments of Five (5)
Acres or Fifty (50) Lots)
Add 1.4(a) Basement, 1.22(a) Flood Insurance Study, 1.42(a) Manufactured Home, 1.46(a) New
Construction, 1.53(a) Recreational Vehicle, 4.4 paragraph to Uses Prohibited
Delete 4.2.5 Final Elevation for Town of Lyme
ii
Amended August 9, 1993
Effective September 20, 1993
Change Definition 1.46(2), Change 3.5, 3.14, 3.22, 5.2, 8.1.3
Amended February 14, 1994
Effective April 15, 1994
Change Definition 1.63, Change 3.2, 11.1.6, 12.1, 12.4, and 13.6.
Add 3.26, 2.26.1, 3.26.2, 3.26.3, 3.26.4, 3.26.5, 3.26.6, 3.26.7, 3.26.8, 12.5, 13.6
Subdivision Regulations: Change 3.9, 4.9, 4.10. Add 2.1.12, 2.1.13, 2.1.17, 3.2(t)
Effective October 1, 1994
Add Section 3.27, 3.27.1 through3.27.7, 3.28, Appendix B and Appendix C
Amend Section 6.1.6, 7.1.11, 17.2, 17.3(e), 17.4, 17.5, 17.7, 17.8, 17.9, 17.10, 17.12, 17.3, and 17.14
Effective December 31, 1996
Amend Subdivision regulations Section 4.5
Effective December 31, 1998
Delete Section 4.11 and add 4.11 Fire Protection
Effective January 17, 2000
Section 3.2 – Add Wireless Telecommunication Facilities
Section 5.1, 6.8 – Delete radio and telephone towers
Add Appendix D – Wireless Telecommunication Towers, Antennae and Facilities
Amended June 23, 2005
Effective July 7, 2005
Complete rewrite of the Zoning Regulations
Amended September 10, 2007
Effective September 25, 2007
Add Sections 10.6, 10.7 and 20.2
Amend Sections 6.2.1, 6.209, 6.3, 8.2.2, 10.3.1, 11.6.7, 14.3.1.f, 14.5c, 18.8, 20, Appendix A, Appendix D
and Appendix E
Added Section 19 as a place holder for the Watershed Overlay District
Renumbered Sections 19 through 24
Complete Rewrite of the Subdivision Regulations
iii
Amended July 19, 2008
Effective July 19, 2008
Add Section 19 Eightmile Watershed Overlay District, 2.13a, 2.14a, 2.24a, 2.28a, 2.28b, 2.40a, 2.71,
Appendix G
Amend Section 11.5.2.b.5
iv
Contents:
Lyme Zoning Regulations
Section 1
Section 2
…………………… Purpose and Authority .
…………………… Definitions
Section 3
…………………… Zoning Districts
3.1 Classes of Districts
3.2 Zoning Map
3.3 Interpretation
Section 4
……………………. Rural Districts
4.1 Purpose of Rural Districts
4.2 Uses Permitted in Rural Districts
4.3 Special Permit Uses
4.4 Signs
4.5 Required Lot Area, Width, Yards, Coverage
4.6 Special Flood Hazard Areas
4.7 Tidal Area Frontage
Section 5
……………………. Waterfront Business District
5.1 Purpose of Waterfront Districts
5.2 Uses Permitted in Waterfront Business Districts
5.3 Signs
5.4 Required Lot Area, Width, Yards, Coverage
5.5 Special Flood Hazard Areas
Section 6 …………………….. Commercial Districts
6.1 Purpose of Commercial Districts
6.2 Uses Permitted in Commercial Districts
6.3 Signs
6.4 Required Lot Area, Width, Yards, Coverage
6.5 Front Yards
6.6 Approval of Layout
6.7 Special Flood Hazard Areas
Section 7 …………………….
General Requirements
7.1 Compliance with Regulations
7.2 Building and Structure Height
7.3 Accessory Buildings or Structures in Required Lot Areas
7.4 Reduction of Lot Area or Dimensions
7.5 Required Lot Width and Frontage
7.6 Projection in Front, Side or Rear Yards
7.7 Obstructions at Street Intersections
7.8 Lots on Narrow Streets
7.9 Indefinite Rights-of-way
7.10 Use of Land for Access or Parking
7.11 Number of Family Dwelling Units
7.12 Trailer Camps and coaches, and recreational vehicles
7.13 More than one family dwelling unit on a lot
7.14 Conversion of existing dwelling to two family dwelling
7.15 Dumping and Storage of Refuse
7.16 Offensive Uses
7.17 Other Uses
7.18 Commercial Cutting of Timber
Section 8 ……………………… Additional Requirements for Certain Uses
8.1 Customary Home Occupations
8.2 Accessory Apartments
8.3 Bed and Breakfast Establishments
8.4 Telecommunications Towers
Section 9 …………………….
.
Alternative Standards
(Reserved for Future Use)
Section 10 ……………………… Administration and Enforcement
10.1 Interpretation
10.2 Enforcement and Penalties
10.3 Zoning Permit and Certificate of Zoning Compliance Required
10.4 Fee
10.5 House Numbering Required
10.6 Planning and Zoning Commission
Review of First Lot Division
10.7 Exemption of Free Split for Lots Created
for Affordable Housing Use
Section 11 ……………………… Site Plan Requirements
11.1 Purpose
11.2 Requirements for a Site Plan
11.3 Optional Informal Discussion of Site Plan with Commission
11.4 Application for Site Plan Approval
11.5 Contents of a Site Plan Application
11.6 Site Plan Objectives
11.7 Approval of Plan
11.8 Surety
11.9 Amendments to an Approved Site Plan
11.10 Commencement of Construction
11.11 Certificate of Occupancy
Section 12 ……………………… Special Permits
12.1 Purpose
12.2 Authority
12.3 Application for Special Permit
12.4 Referrals
12.5 Findings
12.6 Permitted Stipulations with Special Permit
12.7 Commission Action
12.8 Revocation
12.9 Amendments or Modifications
12.10 Time Period and Expiration
12.11 Inspection
Section 13 ……………………… Coastal Management
13.1 Purpose
13.2 Coastal Site Plan
13.3 Exempt Uses
13.4 Long Island Sound Waters
Section 14 …………………
Conservation District
14.1 Purpose
14.2 Setback From Water Bodies
14.3 Restrictions on the Use of Land Adjoining Tidal Wetlands
14.4 Additional Requirements for Residential Structures Over Four Thousand
Square Feet in Total Area
14.5 Removal of Soil and Earth Materials
14.6 Dumping and Storing of Refuse
14.7 Burning of Undergrowqth
14.8 Commercial Cutting of Timber
Section 15 …………………
Floodplain Districts
15.1 Purpose
15.2 Delineation of Floodplain Areas
15.3 Definitions Specific to Section 15
15.4 Enforcement of Floodplain District Regulations
15.5 Variances
15.6 Uses Permitted in Floodplain Districts
15.7 Uses Prohibited
15.8 Minimum Area and Lot Width
Section 16 ………………….
Sedimentation and Erosion Control
16.1 Requirement for Sedimentation and Erosion Control Plan for Zoning Permits
16.2 Soil Erosion and Sediment Control Plan
16.3 Minimum Acceptable Standards
16.4 Issuance or Denial of Certification
16.5 Conditions Relating to Soil Erosion and Sediment Control
16.6 Use of Non-Invasive Species
16.7 Inspection
Section 17 …………………
Cutting and Removal of Forest Species
17.1 Purpose
17.2 Permit Required
17.3 Standards
Section 18 ………………….
Earth Materials Operations
18.1 Purpose
18.2 Uses Allowed without a Permit
18.3 Waiver of Certain Requirements for Farm Ponds
18.4 Pre-existing Operations
18.5 Applicability
18.6 Plan Requirements
18.7 Conditions
18.8 Limitations
18.9 Waiver
18.10 Application and Fee
18.11 Renewals and Expirations
Section 19
Watershed Overlay District
Section 20 …………………
Determination of Net Buildable Area
Section 21 ……………………… Parking, Access and Circulation
21.1 Parking Facilities Required
21.2 Location of Required Parking Facilities
21.3 Shared Parking
21.4 Parking Space Requirements
21.5 Parking Layout
21.6 Surfacing
Section 22 ……………………..
Signs
21.1 General
22.2 Definitions
22.3 Exempt Signs
22.4 Prohibited Signs
22.5 Temporary Signs
22.6 Signs in Rural Districts
22.7 Sign Standards for Commercial and Waterfront Business Districts
22.8 Applications
Section 23 ………………………
Non-conformities
23.1 Continuance of nonconforming uses
23.2 Non-conforming Buildings
23.3 Existing Non-conforming Lots
23.4 Change of Plans
Section 24 ………………………
Zoning Board of Appeals
Section 25 ………………………
Amendments and Validity
APPENDICES
A.
Lyme Zoning Map
B.
Lyme Road Map
C.
Fee Schedule
D.
Application Materials
E.
Determination of Net Buildable Lot Area: Examples
F.
Guidelines for Tidal Areas in Lyme
G.
Eightmile Watershed Overlay District Map
SECTION 1
PURPOSE AND AUTHORITY
1.1 PURPOSE AND AUTHORITY
Pursuant to the power and authority vested in it by Chapter 124 of the Connecticut General Statutes, the
Planning and Zoning Commission of the Town of Lyme, Connecticut hereby adopts these Zoning
Regulations for the following purposes:
It is the purpose of these Regulations to promote and protect the public health,
safety, convenience, general welfare and property values of the community of Lyme,
These Regulations shall encourage the most appropriate use of land in accordance with a comprehensive
zoning plan in order to lessen congestion in the streets; to secure safety from fire, panic, flood and other
dangers; to promote public health and the general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population and to facilitate the adequate provision of
transportation, water, sewage disposal, schools, parks and other public requirements.
Such regulations shall be made with reasonable consideration as to the character of the district and its
peculiar suitability for particular uses with a view to conserving property values and encouraging the most
appropriate use of land throughout Lyme
These Regulations should be construed to implement and be consistent with the vision, policies and
recommendations of the 2001 Plan of Conservation and Development for Lyme, as it may be amended
from time to time. In particular, these regulations are intended to preserve Lyme’s rural character and
natural resources and enhance its sense of community for present and future generations.
SECTION 2
DEFINITIONS
Interpretation: For the purpose of these Regulations, certain terms or words shall be defined as below:
Words in the present tense include the future; the singular number includes the plural and vice versa; the
word “person” includes a partnership, corporation or other entity; the word “lot” includes the words “plot”
and “parcel”; the word “building” includes the word “structure”. Additional definitions are found elsewhere in
these Regulations.
2.1 ACCESSORY APARTMENT: A second dwelling unit, within and accessory to an existing single family
dwelling, or in a separate accessory structure on the same lot as the principal dwelling, for use by a
separate household, with provision for cooking, eating, sleeping and sanitation, meeting the requirements
of Section 8.2.
2.2 ACCESSORY BUILDING: Any building which is subordinate to and whose use is incidental and
accessory to the use of the principal building on the same lot. A detached accessory building shall be one
which is not attached to the principal building by any covered porch, breezeway, or other roofed structure.
2.3 BED AND BREAKFAST ESTABLISHMENT: A building or group of buildings, a portion of which is
occupied by the owner thereof as a permanent residence, and which is used for short term rental, and
which may, as an accessory use, serve only breakfast and only to persons occupying the facility.
2.4 BUILDING: Any structure having a roof and intended for the shelter, housing or enclosure of persons,
animals, equipment or materials. Any other structure more than 6 feet high shall be considered as a
building, including a solid fence or wall, but excluding an electric transmission line or an electric light,
telephone or telegraph pole, highway bridge or railroad bridge or flagpole.
2.5 BUILDING AREA: The ground area enclosed by the walls of a building together
with the area of all covered porches and other roofed portions.
2.6 BUILDING COVERAGE: The percentage which the aggregate building area of all buildings and
structures on a lot bears to the total area of that lot.
2.7 BUILDING SETBACK LINE: A line drawn within lot boundaries, with a length equal to or greater than
the required minimum lot width, parallel to a street at a distance equal to or greater than the required front
yard setback, or at such distance otherwise required by Town Ordinance, these Regulations, or by a plan
of subdivision or resubdivision approved by the Planning and Zoning Commission.
2.8 CAFÉ: A space in a suitable and permanent building, kept, used, maintained, advertised and held out
to the public to be a place where alcoholic liquor or food is
served for sale at retail for consumption on the premises, but which does not necessarily serve hot meals,
and need not have a kitchen or dining room.
2.9 COASTAL AREA: The area subject to the provisions of Chapter 444 of the Connecticut General
Statutes, as may from time to time be amended. The Coastal Area is defined and delineated on Coastal
Boundary maps on file in the Lyme Town Hall. See Section 13 for requirements within the coastal area.
2.10 COMMERCIAL CUTTING: Any cutting or removal of forest tree species which exceeds one acre in
extent and is not covered under the definition of “non-commercial cutting”. See Section 17.
2.11 COMMERCIAL CUTTING PLAN: A plan showing the applicant’s property and abutting property
owners, a description of the activity to be undertaken, and a certification by a public or consulting forester
that the plan is consistent with the “Minimum Standards for the Cutting of Timber” set forth in Section 17 of
these Regulations.
2.12 COMMERCIAL KENNEL: A kennel maintained for the keeping of dogs for commercial purposes
including boarding, grooming, and breeding two (2) or more litters of dogs per year, as provided in Section
4.3.9.
2.13 COMMISSION: The Planning and Zoning Commission of Lyme.
2.13a CONSERVATION ACTIVITIES: Vegetative management or minor land disturbing activities intended
to benefit native wildlife, ecological integrity, or biodiversity that do not conflict with the Purposes of the
District. Activities may be for the purposes of native wildlife habitat management and augmentation,
removal of species with invasive characteristics, restoration, augmentation or regeneration of native plant
species. Activities performed as a Conservation Activity must not leave any portion of the District in an unvegetative state.
2.14 CONSERVATION DISTRICT: As established in accordance with Connecticut General Statutes
Section 25-102c, the area of land in the Town of Lyme within the watershed of the Connecticut River,
commencing at a point of the Southerly boundary line of the Town of Lyme and the Northerly boundary line
of the Town of Old Lyme, a distance of 300 feet to the East of the center line of Connecticut Route #156;
thence northerly in a line parallel to and 300 feet Easterly from Route #156 to a point 300 feet Northerly of
the intersection of the center lines of Joshuatown Road and Route #156; thence Westerly and Northerly
parallel to and always 300 feet Northerly and Easterly from Joshuatown Road to a point, said point being
300 feet Easterly from the intersection of Joshuatown Road and Route #148 and 300 feet Northerly from
the intersection of the center line of Route #148 and Joshuatown Road; thence running Westerly parallel to
and always 300 feet Northerly of Route #148 to a point, said point being 300 feet Northerly of Route #148
and 300 feet Easterly of River Road, thence Northerly parallel to and always 300 feet Easterly from the
center line of River Road to a point on the Northerly boundary line of Lyme and the Southerly boundary line
of East Haddam; thence Westerly following the boundary line between said Towns to a point, said point
being the center line of the Connecticut River; thence Southerly following the center line of the Connecticut
River to a point, said point being a Westerly extension of the boundary line between the Towns of Lyme
and Old Lyme; thence Easterly following the extension of the Southerly boundary line of the Town of Lyme
and the Northerly boundary line of the Town of Old Lyme to a point, said point being the point or place of
beginning. Regulations for the Conservation District are set forth in Section 14.
2.14a CUMULATIVE NEGATIVE EFFECT: Any effect that when considered together with any likely
current or future regulated activity within the entire District would have a significant adverse effect on the
Purpose of the District.
2.15 DISTRICT: A zoning district established by the provisions of Section 3 of these Regulations.
2.16 DISTURBED AREA: An area where the ground cover is destroyed or removed, leaving the land
subject to accelerated erosion or providing a host site for invasive species caused by a land disturbing
activity.
2.17 DWELLING: A building which contains living, sleeping, and sanitary accommodations for human
occupancy.
2.18 EARTH MATERIALS REMOVAL: The removal, excavation or mining of minerals, sand, gravel, clay,
bedrock, peat, loam or topsoil.
2.19 EROSION AND SEDIMENT CONTROL PLAN: A scheme that minimizes soil erosion and
sedimentation resulting from development and includes, but is not limited to, a map and narrative, as
required in Section 16.
2.20 FAMILY: Any number of individuals related by blood, marriage, or adoption living together as a single
housekeeping unit, or a group of not more than five persons keeping house together but not necessarily
related by blood or marriage.
2.21 FAMILY DWELLING UNIT: A dwelling or part of a dwelling occupied or intended to be occupied by
one family for residential purposes.
2.22 GRADE: The original grade is the ground level of the naturally occurring topography, prior to any site
grading. The finished grade is the ground level adjoining the base of all exterior walls of a building or
structure and including any related earth retaining structure such as a retaining wall or berm.
2.23 GRADING: Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials
or any combination thereof, including the land in its excavated or filled condition.
2.24 HEIGHT: The vertical distance between a horizontal plane drawn through the highest point of a
building or structure, excluding chimneys, cupolas, spires and silos, and the lowest point of a building
or structure above natural grade prior to site grading. The height of any retaining wall constructed to
create a site platform, and of any backfill along the foundation in excess of the existing natural grade,
shall be included as part of the measured height.
2.24a HERBACEOUS: Plants having little or no woody tissue. Leaves and stems usually die back to
ground level at the end of the growing season.
2.25 HOME OCCUPATION (CUSTOMARY): An accessory use usually conducted for financial gain within
a dwelling or accessory building on the same lot by occupants of the dwelling unit, which use is incidental
and subordinate to the dwelling use, and which does not in any manner change the residential character of
the building premises or neighborhood. See Section 8.2.
2.26 HUMAN OCCUPANCY: The use of an enclosed space having a means of egress,
light, ventilation and access to sanitary facilities to house any person or persons for the purpose of living,
working or playing.
2.27 IMPERVIOUS SURFACE: Any manmade area that does not readily absorb or retain water,
including but not limited to building roofs, parking and driveway areas, graveled areas, sidewalks and
paved recreation areas (tennis courts, basketball courts, etc.)
2.28 IMPERVIOUS SURFACE COVERAGE: The percentage which the aggregate total of all impervious
surfaces on a lot bears to the total area of that lot.
2.28a INDIVIDUAL NEGATIVE EFFECT: Any effect that when taken into consideration on an individual
site basis within the District would have an adverse effect on the Purpose of the District.
2.28b INVASIVE CHARACTERISTICS: When used in the context of plants, grasses, forbs, shrubs and
trees means: (i) non-native or introduced species of flora exhibiting aggressive growth characteristics that
threaten or exclude native species of flora or fauna, and (ii) native species of flora exhibiting aggressive
growth characteristics that threaten or limit natural biological diversity or important natural communities on
or abutting the protected property.
2.29 LOT: A plot or parcel of land occupied or eligible under these regulations to be occupied by one or
more principal buildings and the accessory buildings or structures, or uses customarily incidental thereto.
2.30 LOT, CORNER: A lot at the intersection of and abutting on two or more streets where the angle of
intersection is not more than 135 degrees or where the intersection is rounded by a curve having a radius
of less than 100 feet.
2.31 LOT, INTERIOR: A lot other than a corner lot or through lot.
2.32 LOT, THROUGH: A lot other than a corner lot which abuts two or more streets which do not
intersect at the lot.
2.33 LOT LINE: The established property division line between lots or between a lot and a street.
2.34 LOT LINE, FRONT: All property dividing lines between any abutting street and the lot shall be
considered front lot lines.
2.35 LOT LINE, REAR: The property line or lines bounding a lot at the rear and opposite to and at the
maximum distance from the front lot line.
2.36 LOT LINE, SIDE: The property line or lines bounding a lot which extend from the front lot line to the
rear lot line. In the case of corner lots or through lots, all lines extending from streets shall be considered
side lot lines.
2.37 LOT, MINIMUM WIDTH OF: The distance between side lot lines measured at the building setback
line, which line shall be measured parallel to and at the distance from the front property line which
establishes the minimum required front yard. In the case of a corner lot, for the purpose of this
measurement only, the front lot line which has the least dimension shall be considered the front lot line and
the lot lines adjacent thereto shall be considered as side lot lines.
2.38 MANUFACTURED HOME (ALSO KNOWN AS A MODULAR HOME): A structure, manufactured and
assembled onsite, transportable in one or more sections, designed for use on a permanent foundation and
connected to the required utilities.
2.39 MARINE FACILITY: A dock, wharf, slip, basin or similar landing facility for waterborne vessels and/or
an open yard for the building, storing, repairing, servicing or refueling of such vessels, together with any
accessory buildings or other structures necessary for the operation of the foregoing.
2.40 MULTI-FAMILY PROJECT: Any group of three or more dwelling units in one or more buildings on a
single lot.
2.40a NATIVE PLANTS TREES OR SHRUBS: Plants trees or shrubs indigenous to Southern New
England and Northern mid-Atlantic regions.
2.41 NET BUILDABLE LOT AREA: The area of contiguous real estate required by these Regulations for
the purpose of obtaining permission from the town to build thereon in order to protect the public health and
safety, to maintain the quality of surface and ground waters, and maintain the open space character of the
town, Regulations for calculating Net Buildable Lot Area are set forth in Section 20.
2.42 NON-COMMERCIAL 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.
See Section 17.
2.43 NON-COMMERCIAL CUTTING PLAN: A plan showing the existing mix of forest tree species, their
approximate height, age and density; a description of the cutting or removal activities to be undertaken
and any other information that may be necessary and reasonably required. See Section 17.
2.44 NONCONFORMING BUILDING: A building or structure, the location and / or dimension of which
does not conform to all the applicable provisions of these Regulations, but which was legally existing on the
effective date of the governing regulation.
2.45 NONCONFORMING LOT: A lot which does not contain the minimum lot area and/or the minimum
required frontage for the district in which it is located, but which was legally existing on the effective date of
the governing regulations. To be nonconforming, a lot must have been continuously owned separately from
any adjoining lot since the date it became nonconforming. See Section 22.
2.46 NONCONFORMING USE: A use of land or premises which is not now a use permitted by the
provisions of these Regulations for the district in which such land or premises is situated, but which was
legally existing on the effective date of the governing regulations.
2.47 PREMISES: A lot, as defined in these Regulations.
2.48 RECREATIONAL VEHICLE: (also referred to as park trailers, travel trailers, trailer coaches and
similar transportable structures) means a vehicle which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the longest horizontal projections;
c. designed to be self-propelled or permanently towable by a light duty truck; and
d. designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
2.49 REFUSE: Waste, junk, garbage, debris, rubbish or trash, but not including sewage
disposed of in lawful facilities.
collected or
2.50 RESTAURANT: A space in a permanent building used, maintained and advertised to the public
primarily as a place where hot meals are regularly served, and which has a kitchen and dining room. A
restaurant may or may not have a license under the Liquor Control Act. For purposes of these Regulations,
the term restaurant does not include a tavern, bar, café as defined in the Connecticut State Liquor Control
and Regulations, or other establishment primarily for the service of liquor, where meals are an accessory
activity.
2.51 RIVERINE: Relating to, formed by, or resembling a river (including tributaries), streams, brooks, etc.
2.52 SHAPE FACTOR: A rectangle with an aspect ratio no greater than 2 to 1, and with a total area
equal to 67% of the required net buildable area divided by the natural resource characteristic percentage
allowance. Use an area-weighted-average allowance when the buildable area contains several different
natural resource characteristic zones. See Appendix E for example of calculations.
2.53 SIGN: Any letter, word, model, pennant, insignia, trade flag, device or representation used as, or
which is in the nature of, an advertisement, announcement, attraction or directive. See Section 22.
2.54 SITE PLAN: A plan meeting the requirements of Section 11 of these Regulations, which includes, at
minimum, the description and location of all existing and/or proposed buildings, structures and uses on a
lot; utility lines, vehicular drives and parking areas, access, lighting, drainage, and waste disposal facilities;
adjacent ownership, outstanding physical features, watercourses, and wetlands; any proposed
modification or alteration of the lot’s natural features, including the disturbance of vegetation and soil cover;
and such further information as may reasonably be required.
2.55 STREET: A public way or a way opened to the public use. “Street” shall be deemed to include the
entire width of the right-of-way. See Appendix C for a map of Town approved roads.
2.56 STREET LINE: The property line dividing the street and the lot.
2.57 STRUCTURE: Anything constructed or which is located on, above or beneath the ground, except
driveways, sidewalks, patios, subsurface sewage disposal systems, wells, parking areas, curbing and
fences which are less than 6 feet high.
2.58 TAVERN: A place where beer and/or liquor is sold under a tavern permit in accordance with the
provisions of the Liquor Control Act.
2.59 TIDAL AREAS: Any marine or estuary area submerged at mean high water.
2.60 TIDAL WETLANDS: Those areas defined as “Tidal Wetlands” in the Connecticut General Statutes
22a-29 (2), as may be amended from time to time.
2.61 TOTAL FLOOR AREA. The sum of the gross floor area of all floors in a structure, measured from the
exterior faces of exterior walls. Gross floor area includes any area which is capable of being used for
human occupancy, including garage or attic space, whether finished or not, provided the area has a
structural headroom of at least six feet. A basement or first floor which is located entirely below ground
surface shall not be included in total floor area calculations.
2.62 TRAILER CAMP: Any premises used or permitted to be used for the parking of more than one trailer
coach.
2.63 TRAILER COACH: Any motorized vehicle or any vehicle with or without wheels and having no motive
power of its own, but which is drawn by, or designed to be drawn by or used in connection with a motor
vehicle, and which is so designed and constructed or added to by means of such accessories as to permit
use and occupancy thereof for human habitation, whether resting on wheels, jacks or other foundation,
including the type of vehicle known as a mobile home.
2.64 WATERCOURSES: Those areas defined as “Watercourses” in the Connecticut General Statutes
22a-38 (16) as amended from time to time.
2.65 WETLANDS: Those areas defined as “Inland Wetlands’ in the Connecticut General Statutes 22a-38
(15) as amended from time to time.
2.66 YARD, FRONT: The space between the building closest to the front lot line and that front lot line,
extending the full width of the lot, in which no building or structure or portion thereof shall be located. In the
case of a corner lot, the front yard shall extend along all streets.
2.67 YARD, REAR: The space between the building closest to the rear lot line and that rear lot line,
extending the full width of the lot, in which no building or structure or portion thereof shall be located.
2.68 YARD, SIDE: The space between a building closest to a side lot line and that side lot line, extending
from the front yard to the rear yard, in which no building or structure or portion thereof shall be located.
Any yard not a rear yard or a front yard shall be deemed a side yard.
2.69 YARD, DEPTH OR WIDTH OF: The depth of front and rear yards and the width of side yards shall
be measured at the shortest distance between the building and the lot line.
2.70 ZONING ENFORCEMENT OFFICER: The person (or persons) designated by the Planning And
Zoning Commission under Section 10 to be responsible for the enforcement of these Regulations.
The Zoning Enforcement Officer may also be referred to herein as the “Enforcement Officer” or
“ZEO”.
2.71 LAND DISTURBING ACTIVITY: Any use or activity that causes significant changes in vegetation or
soil structure. These activities may include, but are not limited to any activity which involves the
alteration of the surface of the earth as it existed on the effective date of these Regulations, including
but not limited to; filling, removal, or re-grading of earth; placement, construction, removal, or
alteration of building or structures; establishment, removal, or alteration of uses of land; removal of
vegetation or planting of invasive plants; but not including those activities listed as exceptions in
subsection 19.3.3.b.
SECTION 3
ZONING DISTRICTS
3.1 CLASSES OF DISTRICTS
For purposes of these Regulations, the Town of Lyme is divided into classes of districts listed below. Each
district shall be designated by the letter abbreviation listed below, followed by a number indicating the
minimum lot area, in thousands of square feet, required in such district.
Rural Districts (RU-40, RU-80, RU-120), as described in Section 4.
Waterfront Business Districts (WF-20), as described in Section 5.
Commercial Districts (C-40), as described in Section 6.
Floodplain Districts (FP), as described in Section 15
Conservation District (CD), as defined in Section 2.14, and described in Section 14, which zone
shall include all or parts of such districts to the extent they are located within said Conservation
District.
3.2 ZONING MAP
The boundaries of these districts are hereby established as shown on the Zoning Map of the Town of
Lyme, dated June, 1964 and filed in the Office of the Town Clerk of Lyme on October 23, 1964, and
amendments thereto, which map and amendments are hereby declared to be a part of these Regulations.
3.3 INTERPRETATION
The following general requirements are used in determining district boundaries:
3.3.1 Lots Lying in More than One District
Where a lot lies in more than one district, the regulations governing one of such districts may be
applied within such lot for a distance not exceeding 30 feet into the adjacent district, unless such
lot lies partially in a Flood Plain District, in which event, the flood management standards as set
forth in Section 15 shall apply to that portion of land lying in the Flood Plain District.
3.3.2 Zoning of Streets
When opposite sides of a street lie in different districts, the boundary shall be deemed the
center of the street right-of-way.
3.3.3 Land Under Water
The boundary of each district shall include any land under any lake, cove, pond or stream lying
therein, and shall also include any land which extends under navigable waters as far as the
jurisdiction of the Town extends under other provisions of the law.
3.3.4 Conflict Between Zone Requirements
Any requirement in any zone that is inconsistent with or conflicts with the requirements of flood
management standards in Section 15 shall be resolved by using the requirements of the flood
management standards so that the inconsistency or conflict is eliminated.
SECTION 4
RURAL DISTRICTS
4.1 PURPOSE OF RURAL DISTRICTS: To insure a sound residential development of the Town in
accordance with the aims of the Plan of Conservation and Development and in keeping with the rural
character of the community and the natural features of the land.
4.2 USES PERMITTED IN RURAL DISTRICTS
4.2.1 A family dwelling unit, and conversions to two family dwellings only as allowed under Section
7.14. A family dwelling may be located in a manufactured home, but shall not be located in a
trailer coach, as defined in these Regulations;
4.2.2 A customary home occupation of the occupant of the premises, located in the dwelling occupied
by such person as his residence, or in any accessory building, and meeting the requirements of
Section 8.1;
4.2.3 Accessory Apartments meeting the requirements of Section 8.2
Except as provided in Section 8.2 for Accessory Apartments, no detached accessory buildings
shall be used for dwelling purposes unless the lot on which the accessory building is located is
conforming.
4.2.4 Bed and breakfast establishments of not more than three guest rooms, lodging no more than
six people, meeting the requirements of Section 8.3. Bed and breakfast establishments which
provide lodging of more than three, but not more than six rooms, and not more than 12 guests,
are allowed by Special Permit.
4.2.5 Agriculture, farming, forestry, truck or nursery gardening, including greenhouses;
4.2.6 Permitted Accessory Uses: Accessory uses customarily incidental to a permitted use on the
same lot.
4.3 SPECIAL PERMIT USES: The following uses when specifically approved as a special permit by the
Planning and Zoning Commission, in accordance with Section 12, subject to such conditions as said
Commission may establish.
4.3.1 Schools for pre-kindergarten through 12th grade, operated by or for the benefit of a
governmental unit, including nursery schools, but excluding a camp.
a. The lot shall contain a contiguous area not less than the following:
1. Nursery school - 2 acres, but not less than the minimum lot area required in the district in
which it is located.
2. Elementary school - 5 acres plus 1 acre for each one hundred pupils or fraction thereof.
3. Above the sixth grade - 10 acres plus 2 acres for each one hundred pupils or fraction
thereof.
4. No building for any school or college, except a nursery school, shall be located within
100 feet from any street line or property line.
4.3.2 Churches, parish houses, convents, and similar religious buildings, including cemeteries.
4.3.3 Clubs, lodges and community houses except those of which a chief activity is a gainful service
or activity carried on as a business.
4.3.4 Libraries and museums operated by governmental units or nonprofit corporations.
4.3.5 Convalescent homes, homes for the elderly, and adult day care.
4.3.6 Fire or police stations, town office buildings and similar governmental buildings, including a
post office.
4.3.7 Utilities, as follows: Electric transformer stations; telephone exchanges for local services; water
or natural gas pumping stations or gate houses; antennas and towers. See Section 8.4.
4.3.8 Public parks and public playgrounds operated by a governmental unit or nonprofit corporation.
4.3.9 Commercial kennels, located on not less than 7 acres, for not more than 14 dogs. All buildings,
enclosures or runs for dogs shall be located not less than 300 feet from any property line.
4.3.10 Riding or boarding stables, provided that they are on lots of not less than 10 acres and that
no buildings or structures used for the housing or containment of animals, including outdoor
runs, are located within 300 feet from any property line. No horse shows or exhibitions shall
be permitted except as approved by special permit. No exterior loudspeakers shall be used
in conjunction with any horse shows or exhibitions.
4.3.11 Boat houses, landings, docks, slips, wharfs, basins, and structures accessory thereto, for the
use of the owners, and/or occupants of the premises and their guests in residence provided
however, that an applicant shall substantially meet the criteria of the Guidelines for Tidal
Areas in Appendix F of these Regulations.
4.3.12 Earth material operations described in Section 18, subject to the
Section 18.
additional requirements of
4.4 SIGNS: All signs in Residential Districts shall be in conformance with Section 21 of these
Regulations
4.5 REQUIRED LOT AREA, WIDTH, YARDS, COVERAGE: All new lots created within residential districts
shall meet the following minimum dimensions and areas. All lots shall have a minimum lot frontage of 50
feet at the front lot line.
Minimum Minimum
Front
Gross
Net
Minimum and Side
Maximum Maximum
Lot
District Area
sq. ft.
Buildable Lot
Lot Area Width
sq. ft**.
ft.
Rear Yards Building
Imperv. Surface
Yard Each Coverage Coverage
ft.
ft.
%
%
RU-120
120,000
42,000
200
50
RU-80
80,000
28,000
200
50
RU-40
40,000
14,000
150
50
*
*
*
8%
12%
8%
10%
8%
10%
*4.5.1
Side yard minimums shall be 30 feet each except when the provisions of
require additional setbacks.
Section 13 and 14
4.5.2 A rectangle conforming to the shape factor, as defined in Section 2, must totally fit within the
limits of the area used to establish the net buildable area.
4.5.3 The building coverage percentage and impervious surface percentage shall be based on the
gross lot area.
** 4.5.4 On a lot where the minimum lot width/building setback line is not achieved within 300 feet of
the front lot line (also commonly described as a “flag lot” or “rear lot”), the portion of the lot
between the front lot line and the building setback line shall not be used as part of the minimum
gross lot area requirement. In no case shall the area between the front lot line and the building
setback line be less than fifty feet in width. On “flag lots”, no vehicles may be parked or material
stored on a regular basis between the building setback line and the street.
4.6 SPECIAL FLOOD HAZARD AREAS: All areas of this District which lie within the Area of Special Flood
Hazard or within a floodway, as defined in Section15.3, shall be subject to the flood management
standards of Section 15.
4.7 TIDAL AREA FRONTAGE:
The Tidal Area Frontage shall be at least 100 feet in RU-40 districts and at least 200 feet in RU-80 districts
and RU-120 districts. Required frontage length is established by the straight line distance between any two
points on the Tidal Area frontage of a lot.
SECTION 5
WATERFRONT BUSINESS DISTRICTS
5.1 PURPOSE OF WATERFRONT DISTRICTS: To provide for the use of defined areas located on
navigable waters for commercial activities related to pleasure boating and commercial sport fishing.
5.2 USES PERMITTED IN WATERFRONT BUSINESS DISTRICTS: All uses in the
Waterfront Business District except family dwelling units are subject to the site plan
review requirements of Section 11, unless waived by the Commission or its designated
enforcement officer.
5.2.1 Family dwelling units and yacht clubs;
5.2.2 A dock, wharf, slip, basin, marina or similar landing for pleasure boats or
for vessels engaged in sport fishery or shellfishery;
5.2.3 A yard for building, storing, repairing, servicing, selling or chartering
boats;
5.2.4 A sail loft or ship chandlery, including the sale of marine equipment,
engines and supplies;
5.2.5 Accessory uses customarily incidental to a permitted use, including the dispensing of fuels and
lubricants to boats only.
5.3 SIGNS: Signs in this district shall conform to the requirements prescribed in Section 21 of these
Regulations.
5.4 REQUIRED LOT AREA, WIDTH, YARDS, COVERAGE
District
Minimum
Lot
Area
WF-20
20,000 sq. ft.
Side
Front Yards Rear
Yard Each Yard
*
*
*
Maximum
Building
Coverage
40%
Maximum
Impervious
Surf. Coverage
50%
*5.4.1 Front Yard minimum setback distance shall be 40 feet, side yards shall be 20 feet each,
except that within this District, docks are not required to meet the sideyard setback. The rear
yard minimum setback distance shall be 30 feet except when the provisions of Section 14.2
require a greater setback distance.
5.5 SPECIAL FLOOD HAZARD AREAS:
All areas of this District which lie within the Area of Special Flood Hazard or within a floodway, shall be
subject to the flood management standards of Section 15.
SECTION 6
COMMERCIAL DISTRICTS
6.1 PURPOSE: COMMERCIAL DISTRICTS: To provide areas suitable for retail, commercial and similar
activities, predominantly intended to serve the residents of the community, suitably related to residential
areas.
6.2 USES PERMITTED IN COMMERCIAL DISTRICTS: All uses within Commercial Districts except those
permitted under Section 6.2.1, shall be subject to the site plan requirements of Section 11, unless waived
by the Commission or its designated enforcement officer.
6.2.1 Any use permitted in a Rural District as provided in subsection 4.2;
6.2.2 Business or professional offices and financial institutions;
6.2.3 A retail business or retail service occupation including the manufacture or processing of
materials only as incidental to a permitted retail occupation and provided that no objectionable
noise, smell or unsightly condition is created which is noticeable off the premises. All activities
shall be carried on within a building, except for the display of merchandise within 20 feet of a
building;
6.2.4 Restaurants, but not including taverns and cafes;
6.2.5 Automobile service stations, public garages, automobile sales rooms, outdoor automobile sales
areas and public parking areas.
6.2.6 Accessory uses customary with, and incidental to, a permitted use.
6.2.7 A family dwelling unit, either attached or detached from other buildings, is allowable on the
same lot as a commercial use. If a commercial use or uses occur on a lot, only one family
dwelling unit is permitted on the lot; no commercial uses are permitted if there are two single
family dwelling units on a lot.
6.2.8
SIGNS, in conformance with Section 21 of these Regulations.
6.2.9
Marine service facilities, marine sales rooms, outdoor marine sales areas and public parking
areas coincident with a primary facility use only; provided however, the display of boats and
trailers for sale shall not be allowed within 5 feet of a property boundary with existing
residential use or within the 6 foot buffer area required by section 6.4 unless otherwise
approved by the Planning and Zoning Commisssion.
6.3 REQUIRED LOT AREA, WIDTH, YARDS, COVERAGE
District
C-40
Minimum
Minimum
Lot
Area
Lot
Width
Front
Yard
200 ft.
30 ft.
40,000 sq.ft.
Maximum***
Side
Yards Rear* Land
Each Yard Coverage
**
50 ft.
50%
* measured from the high tide line, where applicable
**6.3.1 Side yard minimums shall be 30 feet each except when the provisions of Sections 13 and 14
require additional setbacks.
***Total coverage by buildings and impervious surface shall not exceed 50% combined
6.4 FRONT YARDS
A continuous strip not less than 6 feet wide shall be maintained between the street line and the balance of
the lot in all Commercial Districts, which strip shall be suitably landscaped and maintained in good
appearance. This strip may be traversed by not more than two driveways, except that there may be one
additional driveway for each additional 200 feet of frontage in excess of 300 feet. Unless otherwise
approved by the Planning and Zoning Commission, driveways shall not be less than 20 nor more than 30
feet in width, measured at and parallel to the street line.
6.5 APPROVAL OF LAYOUT
For any development of a lot in any Commercial District, a Site Plan, as specified in Section 11, shall be
submitted to the Planning and Zoning Commission for approval unless waived by the Zoning Enforcement
Officer.
6.6 SPECIAL FLOOD HAZARD AREAS:
All areas of this District which lie within the Area of Special Flood Hazard or within a floodway, as defined
in Section 15.3, shall be subject to the flood management standards of Section 15.
SECTION 7
GENERAL REQUIREMENTS
7.1 COMPLIANCE WITH REGULATIONS
No land, building or premises, or part thereof, shall hereafter be used and no building, or part thereof, or
other structure, shall be constructed, extended, enlarged, moved or altered except in conformity with these
Regulations. No lot shall have an area, width, or a front, side or rear yard less than that set forth in the
applicable paragraph hereof, except as otherwise specifically provided in these Regulations. No building,
buildings or structures, shall occupy in the aggregate a greater percentage of lot area, nor be greater in
height, than as set forth in the applicable paragraph hereof, except as otherwise specifically provided in
these Regulations. Except as otherwise specifically provided by these Regulations, any permitted building
or permitted use may be located in that portion of the lot not contained in any required front, side or rear
yard.
7.2 BUILDING AND STRUCTURE HEIGHT
No building or other structure shall be constructed, reconstructed, enlarged, extended, moved or
structurally altered in such a manner as to exceed a height of thirty-five feet. Spires, cupolas, towers,
flagpoles, silos, tanks and other similar structural features, including, wireless telecommunication facilities,
that occupy no more than ten percent of the building area and is not designed for human occupancy, may
be constructed, reconstructed, enlarged, extended, moved or structurally altered to a reasonable and
necessary height upon the granting of a Special Permit by the Lyme Planning & Zoning Commission.
7.3 ACCESSORY BUILDINGS OR STRUCTURES IN REQUIRED YARD AREAS
Detached accessory buildings, or structures, not more than 15 feet in height and not used for human
habitation or for the housing of animals may be located in the required rear yard, and in that portion of the
required side yard that lies not less than 75 feet from any street line, provided that they are not less than 20
feet from any side or rear line and provided further that they occupy in the aggregate not more than 20
percent of the area of the required rear yard.
7.4 REDUCTION OF LOT AREA OR DIMENSIONS
No lot shall be diminished in lot area or frontage, nor shall any required front, side or rear yard be reduced
unless the resulting lot or lots conform to the provisions of these Regulations.
7.5 REQUIRED LOT WIDTH AND FRONTAGE
No building shall be built on any lot unless such lot has the minimum lot width at the building setback line
required for the district in which it has been located and has a frontage of at least 50 feet on an approved
town road or state highway. Frontage on abandoned impassable, private or any other roads, paths, etc., is
not acceptable. For the list of approved town roads and state highways , see Appendix Map entitled “Town
Roads”, Lyme, CT. Department of Transportation, with the exclusion of the road designated S1, which
serves as an access road from Grassy Hill Road to Stone Ranch Military Reservation which map is a part
of these Regulations. Minor structures, including those required for solar energy use, not meeting the
definition of “building” in Section 2.4 may be constructed on lots that do not meet the requirements of this
Regulation upon the granting of a special permit pursuant to Section 12.
7.6 PROJECTION INTO FRONT, SIDE OR REAR YARDS
Nothing in these regulations shall prohibit the projection of not more than 1 foot into required front, side or
rear yards of bay windows, pilasters, columns, belt courses, sills, cornices, or other similar architectural
features, nor the planting or landscaping of such required yards, except as provided in Paragraph 7.7.
7.7 OBSTRUCTIONS AT STREET INTERSECTIONS
No fence, wall, hedge, shrubbery or other obstruction to vision may be placed or allowed to grow at street
intersections within the area formed by a line joining points on each front lot line 20 feet from the
intersection of the tangents of such streets, nor shall landscaping or other obstruction to vision be placed
so interfere with sight lines of the street at driveway entrances.
7.8 LOTS ON NARROW STREETS
In the case of lots fronting on streets less than 50 feet in width, the required front yard shall be increased
by one half the difference between 50 feet and the actual width of the street.
7.9 INDEFINITE RIGHTS-OF-WAY
If the right-of-way of a street has not been surveyed and is not otherwise established by walls, fences, or
other ancient monumentation, the right-of-way shall be deemed to be 60 feet wide, extending 30 feet on
each side from the center of the traveled way.
7.10 USE OF LAND FOR ACCESS OR PARKING
The use of land for access to or for parking in connection with a use shall be accessory to and part of such
use.
7.11 NUMBER OF FAMILY DWELLING UNITS
No more than two family dwelling units may be built on one lot.
7.12 TRAILER CAMPS AND COACHES, AND RECREATIONAL VEHICLES
No trailer camp or recreational vehicle park may be established, maintained, conducted or operated in any
district. No trailer coach or recreational vehicle shall be occupied for human habitation in any district,
except as provided in this Section. The Zoning Enforcement Officer may grant a permit, except in flood
hazard areas as depicted on the Flood Insurance Rate Map, for the temporary occupancy, not to exceed a
period of one year, of a trailer coach on a lot by the owner thereof during the construction of his dwelling
under a valid permit. The Zoning Enforcement Officer may renew the permit for such temporary occupancy
for an additional period not to exceed one year. Except in a Flood Hazard Area, the owner of any lot may
permit a nonpaying guest to occupy one trailer coach or recreational vehicle belonging to such guest on
such lot for a period not to exceed thirty (30) cumulative days in a calendar year.
7.13 MORE THAN ONE FAMILY DWELLING UNIT ON A LOT
Except as provided for in Section 7.14, Conversion of Existing Dwelling, and Section 8. 2 Accessory
Apartments, if more than one family dwelling unit shall be located on any one lot, all units shall be located
so that each such dwelling and any buildings accessory to it could be set off as a separate lot conforming
to all of the applicable provisions of these regulations,.
7.14 CONVERSION OF EXISTING DWELLING TO TWO FAMILY DWELLING
Except as provided in Section 8.2, a dwelling, the construction of which shall have been completed for a
period of not less than 20 years, may be converted to contain two one-family dwelling units, provided that
the lot area is equivalent to twice the minimum lot area required for a one-family dwelling in the district in
which it is located.
7.15 DUMPING AND STORING OF REFUSE
7.15.1 No dumping or storing of refuse shall be permitted other than the temporary dumping or
storage within a building or screened from view from off the premises of small amounts of such
material for brief periods pending final lawful disposition;
7.15.2 No inoperable motor vehicle or motor vehicle which is incapable of being registered may be
stored on any lot except within a building;
7.15.3 No refuse not originating on the premises may be disposed of on any lot
for that purpose operated by the Town of Lyme.
except at a facility
7.16 OFFENSIVE USES
No land, building, structure or part thereof, in any district shall be used in any manner injurious or offensive
to a neighborhood because of the emission of odor, fumes, dust, smoke, vibration, noise, unsightliness,
light pollution or other cause, or in any manner which will result in the discharge of waste or refuse into any
stream or river.
7.17 OTHER USES;
In any zone, a use which is not covered in these regulations as either a permitted use or a prohibited use,
shall be allowed only as a special permit granted by the Planning and Zoning Commission
7.18 COMMERCIAL CUTTING OF TIMBER
No commercial cutting of timber shall occur without a permit issued by the Lyme Zoning Enforcement
Officer. After submission of a commercial cutting plan to said Zoning Enforcement Officer, a permit shall
be granted if it is found to be consistent with the minimum standards set forth in Section 17.
SECTION 8
ADDITIONAL REQUIREMENTS FOR CERTAIN USES
8.1 CUSTOMARY HOME OCCUPATIONS
8.1.1 Purpose: The purpose of this section is to regulate any use customarily conducted entirely
within a dwelling, within the principal building on a lot, or within an accessory building, and
carried on by the residents thereof, which is clearly incidental and secondary to the uses of the
dwelling for residential purpose. The customary home occupation shall conform to the following
standards of these Regulations and is an additional use for which an application for a zoning
permit and certificate of zoning compliance are required. “Customary Home Occupation” shall
include the following activities:
a. Preparation and sale of those items produced in the home, garden, farm or nursery,
provided that such items are created entirely on the premises, such as home baking,
needlework, dressmaking, tailoring, fruits and produce and home preserves.
b. Preparation and sale of items of arts and crafts based on individual talent, provided such
items are created entirely on the premises, such as painting and illustrating, wood carving,
cabinet making, ceramics, writing, sculpture, ornamental glass and metal working.
c. Instructional classes and lessons for not more than six students at a time, which are
customarily associated with home occupations, such as music, arts and crafts.
d. The conduct of a professional office, where the principal resides on the premises, such as
offices for real estate, insurance, accounting, building contractors, architect, lawyer, musician,
doctor, physical therapist, engineer and surveyor.
e. A private workshop necessary to the skilled trade of a resident of the premises, provided that
there is no manufacture or sale of goods on the premises, such as a workshop for a plumber,
electrician, carpenter, heating contractor, painter, paper-hanger, or appliance/electronics
repairperson.
8.1.2 A customary home occupation shall not include barber shops, beauty shops, dancing
schools, karate schools, restaurants, printing shops, employment agencies, radio stations,
dentist offices, or other such uses where traffic, water usage, disposal of waste products, noise,
lighting or odors shall significantly exceed that of a typical single family dwelling.
8.1.3 No customary home occupation shall be permitted unless all of the following requirements
are met:
a. Such use shall be clearly subordinate to the use of the premises as a residence.
b. No additional on-street parking shall be permitted. Sufficient off-street parking shall be
provided at least twenty-five feet from street and lot lines, and it shall be screened from
adjoining residential properties.
c. Not more than 25% of the floor area of the residential building shall be so used, nor more
than 750 square feet of an accessory building.
d. Not more than three non-residents shall be employed by the home occupation.
e. No finished goods shall be acquired from elsewhere for sale in connection with the home
occupation
f. No home occupation shall create interference with radio and television reception in the
vicinity, nor create a health or safety hazard, nor be disruptive to adjacent property or the
neighborhood. There shall be no discharges of a hazardous or toxic substance to the air,
surface water, ground water or ground.
8.1.4 Application: An application for a home occupation shall be submitted on a form provided by the
Town, signed by the applicant, who shall be a resident of the property in which the home
occupation is proposed. The application shall include, at minimum, a detailed description of the
proposed home occupation and any required machinery, equipment or materials to be used, the
number of employees that will be employed, and the written consent of the landowner. A plan
shall be submitted showing the floor area of any structures and any outdoor areas to be used by
the home occupation. A description of the frequency and type of commercial and customer
vehicles associated with the occupation shall also be submitted. When issued, the permit is
personal to the applicant and shall not be used by any other person or persons to perpetuate
the home occupation. An expansion or alteration of a home occupation shall require a new
permit.
8.2 ACCESSORY APARTMENTS
8.2.1 Purpose: The purpose of Section 8.2, Accessory Apartments, is to allow the use of a room or
set of rooms within or accessory to a principal residence, as a separate living facility, in order to
provide a separate living arrangement which allows privacy within the dwelling unit, permits
homeowners a means of obtaining supplemental income, creates housing units for moderate
income individuals, and creates housing for small household units within the Town of Lyme.
8.2.2.Eligibility: Accessory apartments may be considered and may be approved in Rural Districts,
except Flood Plain Districts. . A permit from the Zoning Enforcement Officer is required for all
accessory apartments. An accessory apartment may be permitted in the R-40 District by Special
Permit only. In addition, accessory apartments not attached to a principal structure on lots
which share a common driveway or private road serving two or more building lots, shall only be
allowed by special permit regardless of the zone in which the lots are located.
8.2.3 Standards: The following standards shall apply to all accessory apartments:
a. An accessory apartment may be located only on a lot meeting the minimum gross lot area for
the district in which it is located.
b. No more than one accessory apartment may be located on any lot.
c. An accessory apartment may be located within the principal structure, or in an attached or
detached accessory building, provided that the apartment is clearly secondary to the principal
use and structure on the property. The property’s appearance should be that of a single
family dwelling, with or without customary outbuildings such as garages, sheds or barns.
d. Every accessory apartment shall have its own means of egress separate from the egress to
the principal dwelling. The separate means of egress shall blend with the architectural style of
the building in which it is located. A dwelling containing an accessory apartment shall retain
substantially the character and appearance of a single family residence.
e. The floor area of living space, excluding exterior access and utility areas, for an accessory
apartment located in a principal structure, shall not exceed 25% of the gross floor area of the
building in which it is located or 1200 square feet, whichever is less. The minimum required
floor area of an accessory apartment shall be not less than 400 square feet. An accessory
apartment located in an accessory building shall not exceed 1200 square feet nor be less than
400 square feet.
f. Each accessory apartment shall have its own independent bathroom and kitchen facilities.
All dwelling units on the property shall conform to the State of Connecticut Public Health
Code, including provisions for potable water supply and subsurface sewage disposal.
g. Parking: Two off-street parking spaces shall be provided for every accessory apartment.
8.2.4 Application: An application for an accessory apartment shall be submitted on a form provided
by the Town. The application shall include, at minimum, a
plan showing the floor area of the principal structure and of the accessory apartment. The plan
shall also show egress and parking for the apartment. A property layout plan showing
provisions for water and sewage disposal shall be provided, along with approval of the local
Health Director or designated health agent, prior to issuance of a zoning permit for an accessory
apartment.
8.3 BED AND BREAKFAST ESTABLISHMENTS
8.3.1 Purpose: The purpose of Section 8.3, Bed and Breakfast Establishments, is to preserve
existing housing stock and neighborhood character, provide for efficient use of larger homes,
and allow flexibility to respond to changing household sizes and needs.
8.3.2 Eligibility and Applications: Bed and Breakfast Establishments are permitted in residential
districts and commercial districts, subject to the standards in Section 8.3.3. Establishments of
no more than three guest rooms or not more than six guests are permitted uses, after receipt of
a permit by the Zoning Enforcement Officer. Establishments containing more than three, but not
more than six guest rooms, serving not more than 12 guests, are allowed by special permit.
8.3.3 Standards:
a. There shall be suitable access directly from a public road.
b. The on-site septic system shall conform to code for the total number bedrooms available for
use of both guests and residents of the property.
c. Prior to issuance of a certificate of zoning compliance, the applicant shall demonstrate that all
necessary state and local licenses have been obtained.
d. One morning meal may be prepared and served to overnight guests only.
e. The maximum length of stay for any individual guest shall be 30 consecutive days.
f. There shall be no retail sale of goods or services other than lodging and meals.
g. The bed and breakfast establishment shall not be used by paying guests for hosting
receptions or private parties
h. The following standards are intended to ensure that a bed and breakfast establishment will
not significantly change the general appearance and character of the neighborhood:
1. One off-street parking space shall be provided for each guest room, and two additional
spaces shall be provided for permanent residents;
2. Signage shall comply with the requirements for the district in which the establishment is
located, except that identification signs for bed and breakfast establishments in commercial
districts shall not exceed five square feet;
3. There shall be no exterior floodlighting. Parking and sidewalks may be lit for safety
using only light bollards or other low level lighting standards with shielded light sources, low
shielded lighting with cutoffs preventing light beyond property boundaries.
4. Rooms used by guests shall be part of the primary dwelling or existing accessory
structures, and not specifically constructed for rental purposes;
5. No alteration shall be made to the exterior of the residence or to any accessory building
used as part of the bed and breakfast establishment, other than modifications required by law to
ensure safety and accessibility of structures and of guests.
6. The addition of parking and sidewalks for the use of guests shall be consistent with the
residential character of the neighborhood.
8.4 WIRELESS TELECOMMUNICATION TOWERS, ANTENNAE AND FACILITIES
8.4.1 Purpose : The purpose of this Section is to establish criteria for local review of
telecommunication towers, antennae and facilities where such review is authorized under the
Connecticut General Statutes or is provided for under State and Federal regulations. It is
further intended to express the land use preferences of the Town of Lyme regarding such
structures in order to assist developers in determining community preferences
8.4.2 Siting Preferences: Persons or organizations seeking to locate such structures within the Town
of Lyme should use the following guidelines for site selection:
a. Use nonresidential buildings and structures, such as silos, and power line structures for new
towers and facilities;
b. Jointly use new or existing towers and facilities, where feasible;
c. Avoid potential damage to adjacent properties from tower failure through engineering and
careful siting of towers;
d. Protect historic and residential areas from potential adverse impacts of wireless
communication facilities;
e. Use careful siting and suitable design measures in order to minimize adverse visual impacts
of wireless communication facilities.
f. Site initial towers to reduce the number of towers and/or antennae needed in the future;
g. The order of preference for alternative facility locations shall be as follows(in descending
order) with the least relative adverse visual impact being the most preferred.
1. Antennae on existing structures such as nonresidential buildings / facades, utility poles,
steeples, chimneys, silos, windmills and existing approved towers.
2. On new towers located on property occupied by one or more existing towers.
3. On new towers located in rural and commercial districts, excluding the conservation
zone.
4. On new towers located in waterfront districts, and the Conservation District.
8.4.3 Design Guidelines: The Commission will be guided by the following preferences when
reviewing applications for activities under Section 8.4.
8.4.3.1 Wireless telecommunication facilities where the antennae are mounted on the rooftop
or façade of a nonresidential building:
a. Equipment cabinets and sheds shall meet the requirements of these regulations.
Facilities shall be of a material or color matching the exterior of the building and shall
blend into the existing architecture.
b. Façade mounted antennae shall not protrude above the building structure and shall
not project more than three feet beyond the wall or façade.
c. Roof mounted antennae shall be set back from the front or side roof edge a minimum
of ten feet or ten percent of the roof width, whichever is greater. The Commission may
consider an architectural treatment of the antennae that is more in harmony with the
basic structure and neighborhood.
8.4.3.2 Wireless telecommunication facilities where the antennae are mounted on existing
utility poles, chimneys, silos and windmills:
Equipment cabinets and sheds shall meet the requirements of these
regulations. Facilities shall be of a material or color which matches the exterior of the
structure and shall blend into the existing architecture of the structure.
8.4.3.3 Wireless telecommunication facilities where a tower is located on property occupied by
one or more towers:
New equipment cabinets and buildings shall meet the requirements of these regulations.
The applicant shall demonstrate that the antennae can not be co-located on an existing
tower or other structure. The Commission may request outside technical assistance to
make such a determination, the cost of which will be borne by the applicant.
8.4.3.4 Monopole towers are the preferred design, unless it can be demonstrated that another
type such as a guyed narrow lattice structure will better achieve the desired visual goals.
The Commission may require that a monopole be designed and treated with
architectural materials so that it is camouflaged to resemble a woody tree with a single
trunk and branches on its upper part or other suitable art form / sculpture as determined
by the Commission.
8.4.3.5 Towers not requiring FAA paintings or markings shall be painted a non-contrasting blue,
gray or other neutral non-obtrusive color.
8.4.3.6 No lights or illumination shall be permitted unless required by the FAA.
8.4.3.7 The proposed support structure, building and electrical utilities shall be required to
accommodate multiple users to the extent practical. These users shall include other
wireless communication companies, business, municipal public safety and emergency
services. If co-users are not known at the time of application, applicants may base
design for consumer equipment requirements similar to their own.
8.4.3.8 A proposed tower shall be designed and constructed to all applicable standards of the
American National Standards Institutes, as amended.
8.4.3.9 All towers shall meet the minimum setback requirements for the underlying zone. In
addition, the following standards shall be met: a) a new tower shall not be located within
a distance of three times the tower height of an existing residence or proposed
residence with a valid building permit as of the date of the submittal of the proposed
tower application; b) no new tower shall be located within a distance of three times the
tower height of a playground, school, day care, or outdoor recreational facility; and c) no
new tower shall be located within a distance of three times the tower height, or be within
a historic district.
8.4.3.10 The tower structure and any guy-wire anchors shall each be surrounded by a chain link
fence and landscaped with a visual screening border of evergreen trees at least six feet
in height, that are drought and deer resistant; and which shall be properly maintained by
the facility owner for the life of the facility. Anchors shall meet setback requirements for
that zone.
8.4.3.11 A special permit will not be granted for a tower built on speculation. The applicant must
provide written evidence that at least one licensed carrier has agreed to lease space on
the proposed tower.
8.4.4 Zoning Interpretation: In addition to all other standards set forth in these Regulations, the
following requirements are applicable to towers, antennae and related facilities:
8.4.4.1 A tower must comply with the setback requirements of the district in which it is located.
Unless otherwise permitted in these Regulations, a tower shall be placed a distance
from all property lines at least equal to the height of the tower. In non-residential zones,
where it can be demonstrated by the applicant, that it is unlikely that any building will be
constructed on adjacent property within the tower fall circle and that adjacent property is
not zoned for or currently used for residential purposes, the Commission may approve a
lesser distance, reduced by no more than one-half, or in the case where the design and
installation of the structure limits the collapse distance to less than the height, the
distance may be reduced by no more than one-third.
8.4.4.2 A telecommunications facility may be considered as either a principal or accessory use.
The minimum lot area for the construction of a new tower shall be that of the zone in
which it is located. More than one tower on a lot may be permitted if all setbacks, design
and landscape requirements are met for each tower. A telecommunications facility may
be located on leased land as long as there is adequate ingress and egress to the site for
service vehicles and such access is documented in a deed easement presented to the
Commission.
8.4.5 Applications
When a tower, antenna or related facility is subject to the jurisdiction of the Lyme Planning and
Zoning Commission, the structure will be allowed only by a special permit approved by the
Commission.
8.4.5.1 Information requirements: For towers over sixty-five feet in height, the Commission
may require independent engineering or technical review of submitted materials at the
applicant’s expense. In addition to the requirements of Section 11 and 12, the following
additional information may be required where applicable:
a. A map indicating the service area of the proposed telecommunications site,
showing the provider’s plan or model for the coverage of all areas in the Town of Lyme
and the locations of all existing and proposed towers that would provide that coverage.
b. Where a new tower is proposed, the applicant shall demonstrate that co-location
on an existing or proposed tower is not feasible. All existing and/or proposed wireless
service facilities within one-half mile of the proposed tower shall be shown on the site
plan. The applicant shall demonstrate, in a written report, that the service proposed
cannot be provided by adding equipment to these existing or proposed towers or that
the owners of these other towers have denied the applicant’s request for co-location.
The applicant shall also show tall structures (over sixty-five feet in height) located onehalf mile from the proposed tower. The applicant must demonstrate that placing
antennae on these tall structures is either not technically feasible or that the owner of
the tall structure has denied the applicant’s request to locate on the structure.
c. A report from the applicant indicating why the proposed site location is necessary to
satisfy its function in the applicant’s proposed wireless telecommunications system.
For new towers, the applicant shall provide a written report of the process by which
other possible sites were considered and eliminated. At least one higher preference
site shall be included in the report.
d. A scaled plan and elevation drawing showing where and how the proposed antenna
and mounting supports will be affixed to a particular building or structure.
e. A detailed list of all antennae and mounting supports indicating size and color.
f. Elevations of all proposed visual screening and fencing and details of material
including color.
g. Elevations of all proposed equipment buildings, enclosures and cabinets.
h. Design plans and tower base elevation showing the height and fall circles of all
towers.
i. A description of the tower capacity, including the number and type of antennae it
can accommodate as well as the proposed location of all mounting positions for colocated antennae and minimum separating distances.
j. A signed statement from the radio-frequency engineer indicating that the proposed
wireless telecommunication facility will comply with current FCC radio frequency
emission standards and will be operated in accordance with the owner’s FCC license
and FAA requirements.
k. Proposed access to the site.
l. Proximity of the tower to residential structures.
m. Nature of uses on adjacent and nearby properties within 1,000 feet.
n. Surrounding topography within 1,000 feet at contour intervals not exceeding ten
feet per USGS Quad map of the area.
o. Design of the tower with particular reference to design characteristics that have the
effect of reducing or eliminating visual obtrusiveness.
p. A visual analysis showing all areas from which the tower would be visible, and a
simulation of the proposed site in order to help the Commission determine the visual
impacts associated with the proposal. This visual analysis should include a simulation
(using a balloon, facsimile antennae with crane or computer generated landscape view
from each octant of the compass) of the tower’s appearance from the furthest extent of
the tower’s visibility from the public roadway at the five foot height station, and from a
distance of 1,000 feet. The applicant shall provide at least 3 such simulations.
q. Propagation modeling results to facilitate the Commission’s review of tower height
and proposed coverage. The applicant shall submit a propagation study for the lowest
and highest antenna height on the tower to ensure adequate coverage of Lyme while
minimizing visual impacts. The Commission also may request propagation modeling
for elevations higher than the highest proposed antenna height or lower than the
lowest proposed antenna height.
8.4.5.2 No signs or advertising shall be permitted on any tower or antenna except no
trespassing, warning and ownership signs are permitted at ground level.
8.4.5.3 Application Review Standards
In addition to other appropriate review standards found in these Regulations, the
Commission, in reviewing applications for wireless telecommunication facilities, shall
consider:
a. Detailed analysis of alternative sites, structures, antennae and access as provided
by the applicant. Particular attention will be placed upon the siting preferences found
in Section 8.4.2 of these Regulations.
b. Detailed propagation and antenna separation analysis relative to tower height.
c. Tower sharing or co-location to facilitate the telecommunication needs of
municipalities, emergency services and other entities in order to reduce the need to
construct additional towers.
d. Assessment of tower structure type.
e. Achievement of design characteristics / architectural treatments that mitigate,
reduce or eliminate adverse visual obtrusiveness on adjacent areas.
f. Consideration of future use or re-use of the site, with provisions for facility removal
and site restoration.
8.4.6 Accessory buildings and cabinets
All accessory buildings and cabinets associated with wireless telecommunication facilities shall
comply with the following:
a. Within residential zones, the accessory building shall not exceed 450 square feet gross floor
area for the initial telecommunication facility, minimal increased floor area is permitted for
sharing purposes; and the building shall have a roof line characteristic of other buildings in the
vicinity. Only one building per facility is allowed in rural zones.
b. Each building shall comply with the setback requirements for accessory buildings for the
zoning district in which it is located.
c. If located on the roof of a building, it shall be designed to blend with the color and design of
the building to the extent possible, and including any feasible screening considerations.
d. All ground level buildings, boxes or cabinets shall be surrounded by a chain link or
comparable fence and landscaped with a visual screening border of evergreen trees at least six
feet in height that are drought and deer resistant; and shall be properly maintained by the facility
owner.
e. All utilities shall be underground.
8.4.7 Abandonment of telecommunications facilities:
A wireless telecommunication facility not in use for 12 consecutive months shall be removed by
the facility owner at their expense. This removal shall occur within 90 days of the end of such
12-month period. The Commission shall require a bond or other surety satisfactory to the Town
of Lyme to guarantee removal of the facility, and which shall be reviewed every two years. The
bond or surety must remain effective for the life of the permit. If there are two or more users of a
single tower, this provision shall not become effective until all users cease utilizing the tower.
SECTION 9
ALTERNATIVE STANDARDS
(RESERVED FOR FUTURE USE)
SECTION 10
ADMINISTRATION AND ENFORCEMENT
10.1 INTERPRETATION
The provisions of these Regulations shall be held to be the minimum requirements adopted for the
promotion of public health, safety, convenience and general welfare. When these Regulations impose
greater restrictions upon the use and development of buildings or land than are imposed or required by any
other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of these
Regulations shall control. Nothing in this section shall require any change of the plans, construction or
designated use of a building, the construction or use of which shall have been commenced prior to the
effective date of these Regulations or of any pertinent amendment thereto, and which shall be completed
within one year thereafter.
10.2 ENFORCEMENT AND PENALTIES
10.2.1 These Regulations shall be enforced by the Planning and Zoning Commission through its
Zoning Enforcement Officer (“ZEO”), who shall be empowered to cause any building or land to
be inspected, and to order in writing the remedying of any conditions found to exist in violation
of these Regulations or any permit or approval issued hereunder.
10.2.2 Violations of these Regulations shall be penalized in accordance with the provisions of
Connecticut General Statutes. The owner or agent of a building, structure or property where
such violation shall have been committed or shall exist, or the lessee or tenant of an entire lot
where such violation shall have been committed or shall exist, or the agent, architect, builder,
contractor or any other person who shall commit, take part or assist in such violation or who
shall maintain any building or premises in which such violation exists shall be punishable as
provided in Chapter 124 of the Connecticut General Statutes. Furthermore, the Commission
may, at its sole discretion, direct its attorney to commence criminal or civil action in the State or
Federal Court for the purpose of enforcing the provisions of these Regulations.
10.3 ZONING PERMIT AND CERTIFICATE OF ZONING COMPLIANCE REQUIRED
No building shall be constructed, moved, altered, or used, nor shall any land be used until a zoning permit
and Certificate of Zoning Compliance has been issued by the Zoning Enforcement Officer (ZEO). Such
Certificate shall be evidence that such use, building or structure conforms to all applicable provisions of
these Regulations. The ZEO shall require the applicant for the permit to provide such information as is
necessary to determine compliance with these Regulations. The ZEO shall deny any permit for buildings
or use which is in violation of the provisions of these Regulations.
10.3.1 At a minimum, an application for a zoning permit shall include the application form,
obtainable from the ZEO, indicating the name and address of the applicant and owner of the
property, written consent by the land owner where applicable, a plot plan, drawn to scale,
showing the existing conditions on the property, any existing easements on the property, and
the location of any proposed structure or activity, and a written description of the proposed
structure or activity for which a zoning permit is requested. The ZEO may require such
additional information as is necessary to determine compliance with these Regulations. A Site
Plan, as described in Section 11, and a Special Permit, in accordance with Section 12, may also
be required, as noted elsewhere in these Regulations. Specific information requirements for
certain activities are also set forth elsewhere in these Zoning Regulations.
10.3.2 No Certificate of Zoning Compliance shall be issued if it is determined that a violation of
these Regulations, the Lyme Subdivision Regulations, or the Lyme Inland Wetlands and
Watercourses Regulations, other ordinances of the Town of Lyme or any permit issued
thereunder, is proposed or exists. In accordance with the Connecticut General Statutes Section
8-3(f), no Building Permit or Certificate of Occupancy for any building, use or structure shall be
issued by the Building Official, without the prior issuance of a Certificate of Zoning Compliance
from the Zoning Enforcement Officer.
10.4 FEE
Each application requiring a zoning permit, site plan, development plan, coastal site plan, commercial
cutting plan, special permit, or any renewal or extension thereof, shall be accompanied by a fee payable to
the Town of Lyme in accordance with the schedule adopted by the Planning and Zoning Commission. The
fee schedule is attached as Appendix A of these Regulations.
10.5 HOUSE NUMBERING REQUIRED
Whenever a zoning permit is required for any construction or activity within the Town of Lyme, the applicant
shall post permanent house numbers at the access point of the property on which the proposed
construction or activity is located. The house numbers shall be those assigned by the town assessor, and
shall be visible from the public street. When the property is served by a shared driveway, permanent
house numbers shall be posted at the point where the driveway branches to serve the subject property. To
enhance public health and safety, the house numbers shall be maintained in legible condition by the
property owner for the duration of the structure or activity. House numbers must be permanently in place
before a certificate of occupancy will be issued.
10.6 PLANNING AND ZONING COMMISSION REVIEW OF FIRST LOT DIVISION
A plan for any new lot created by the division into not more than two parts of a tract or parcel of land in
existence prior to the date of adoption of the Lyme subdivision regulations, adopted November 6, 1964,
shall be submitted to the Planning and Zoning Commission for review and approval of the division as to
consistency with zoning and subdivision requirements. No lot shall be created unless both lots resulting
from such division are in conformance with these zoning regulations.
10.7 EXEMPTION OF FREE SPLIT FOR LOTS CREATED FOR AFFORDABLE HOUSING USE
In accordance with Public Act 06-97 and Town Ordinance 2006-1, any lot which existed prior to November
6, 1964 and would otherwise be eligible for division without approval of a subdivision plan shall not forfeit
eligibility for division by reason of division for the creation of one lot conforming with these Regulations,
provided that such lot is created for affordable housing to be developed by the municipality or a non-profit
organization. This option is a single use option only and once used cannot be used again.
SECTION 11
SITE PLANS
11.1 PURPOSE
A Site Plan is required for certain uses in order to determine the conformity of a proposed activity with
these Regulations. The Site Plan shall be prepared with due consideration for the purpose and intent of
these Regulations, including protection of public health, safety, comfort and convenience, coordination with
and improvement of vehicular and pedestrian access, provision of adequate drainage and utilities,
appropriate lighting and landscaping, protection of natural resources, conservation of the natural terrain,
provision for vegetation on the site to the maximum extent practical, and maintenance of architectural
harmony with the surrounding area. Section 11 establishes procedural and informational requirements for
Site Plans.
11.2 REQUIREMENTS FOR A SITE PLAN
When a Site Plan is required by these Regulations, no zoning permit shall be issued by the Zoning
Enforcement Officer (ZEO) until a Site Plan meeting all applicable requirements of this Section has been
approved by the Planning and Zoning Commission, or by its ZEO, if so delegated. Generally, the
responsibility for site plan review and approval is delegated to the ZEO, unless the ZEO requests the
Commission review and act on a specific application. The Commission may also direct the ZEO to forward
the site plan to the Commission for its action. In addition, an applicant may request that the Commission
serve as the reviewing authority for a specific application, which request the Commission may grant at its
discretion. In all cases, the final decision as to who is the reviewing authority shall be made by the
Commission.
11.2.1 Unless otherwise specified in these Regulations, a Site Plan is required for all proposed uses
or changes of use, except the following:
(a) A family dwelling unit, except as subject to Special Permit review under Section 14,
Conservation District, or where the proposed use is within 100 feet of tidal wetlands, coastal
bluffs and escarpments. Applications for family dwellings must include the information required
in Section 10.3.1. In addition, a Site Plan may be required by the Commission or its
representative (ZEO) when topography, soils, existing development, mixed uses or other factors
make it infeasible to properly determine conformance with the Zoning Regulations without a Site
Plan.
(b) Within all Districts, when an existing permitted use located within a structure is changed to
another permitted use located within the same structure, provided that the ZEO determines that
the new use will not result in either the alteration of the exterior of the structure or an
intensification of the use of the structure. Intensification shall be defined as additional
residential units, additional employment, additional clients or customers, additional floor space
for sales or services, or additional required parking than existed prior to the change of use. A
plot plan and statement of use are required for the change of use.
(c) Any use for which the Commission/ZEO approves a waiver of Site Plan requirements under
Section 11.2.1.
11.2.2 Waiver of Site Plan Requirements. In addition to uses and activities specifically exempted
elsewhere in these Regulations, the ZEO may waive requirements for a Site Plan if the ZEO
determines that a proposed activity will not affect existing traffic circulation, nor result in an
increase in the need for parking, nor shall there be any significant exterior change to a building
or site, nor shall such new activity have an impact on surrounding properties and the
neighborhood substantially different from the existing use from which the change is requested.
The Site Plan may not be waived for coastal site plans or for special permit uses.
11.2.3 Waiver of Site Plan Information Requirements. In order to avoid unnecessary delay and
expense for an applicant whose proposed activity is minor in nature and limited in its impact on
the surrounding area, the ZEO may exempt any application from specific information
requirements as set forth in this Section. Such exemption may be approved if the ZEO finds
that such information would not aid in determining the application's compliance with these
Regulations.
11.3 OPTIONAL INFORMAL DISCUSSION OF SITE PLAN WITH COMMISSION
Any applicant for a use requiring Site Plan approval may request the placement of such a proposal on the
agenda of a regular or special meeting of the Commission for the purpose of presenting preliminary plans
or concepts, and for receiving preliminary comments, observations and questions, and identifying areas of
concern. Neither the applicant nor the Commission shall be bound by statements made in such informal
discussions, their purpose being only to minimize delay, expense and inconvenience to the applicant, the
public, and the Commission upon further receipt, if any, of a formal submission of the Site Plan. At this
informal discussion, the applicant may request a full or partial waiver of Site Plan requirements under
Section 11.2.2 and 11.2.3. Following informal discussion, the Commission may suggest that the proposal
or certain aspects thereof be referred to other municipal, state or federal agencies for review and comment,
or may suggest that additional information is or will be required prior to action on a formal application for
site plan approval.
11.4 APPLICATION FOR SITE PLAN APPROVAL
11.4.1 Formal Submission of Application. All applications for Site Plan review, including all maps,
reports, legal documents, fee and other information required under Section 11.5, shall be
submitted to the ZEO or other designated agent of the Commission. An application will be
considered complete when an application form, fee, maps and other materials conforming
substantially to the requirements of Section 11..5 have been received. Failure to submit a
complete application may be cause for disapproval of the application.
11.4.2 Official Date of Receipt. When a Site Plan is not waived in its entirety, the official date of
receipt of the site plan application shall be the next regularly scheduled meeting of the
Commission immediately following the day of submission of the complete application to the
Zoning Enforcement Officer, or 35 days, whichever is sooner. At its discretion, the Commission
may hold a public hearing on any site plan.
11.4.3 Statutory Requirements. Site Plan applications shall be acted upon by the Commission or its
delegated agent under the provisions of Section 8-7d(b) of the Connecticut General Statutes.
Maps and information which accompany a Special Permit application shall be considered part of
the Special Permit application and action on such plan shall be taken in accordance with
Section 12 of these Regulations.
11.4.4 Inland Wetland Report and Permit Required. If any part of the site is within the jurisdiction of
the Lyme Conservation and Inland Wetlands Commission in accordance with the Inland
Wetlands and Watercourses Act, the report of said Commission together with any permit issued
for regulated activities shall be submitted with the site plan. In accordance with State Statutes,
the Planning and Zoning Commission shall take no action on a Site Plan application until the
report of the Conservation and Inland Wetlands Commission has been received and
considered.
11.4.5 Referrals. The Commission may transmit copies of Site Plan materials to other officials and
agencies for advisory reports and consultation and/or for approval as may be required by law
11.5 CONTENTS OF A SITE PLAN APPLICATION. Unless waived by the Commission
under Section 11.2.2, each application for Site Plan review shall include all the
information required in Section 11.5.
11.5.1 Statement of Use. A written statement, signed by the applicant, and by the owner if different
from the applicant, describing the nature and extent of the proposed use or occupancy in
sufficient detail to determine compliance with the use provisions of these Regulations.
11.5.2 Maps. All maps shall be on sheets measuring 24" x 36", and shall be neatly prepared from
existing plans, surveys and maps.
a. Location Map. An accurate map at a scale of one inch equals one thousand (1,000) feet
showing the subject property and all property and streets within one thousand (1,000) feet of
the subject property, including all lots and lot lines, all zoning district boundaries, and all
existing streets and roads. The location map may be included as an insert on the Site Plan
Map.
b. Site Plan Map. Site plans shall be prepared at a scale of not more than fifty (50) feet to one
inch and shall indicate the following information, where appropriate:
1. General Information.
(a) Name and address of the applicant and owner of record and all adjoining property
owners as listed on the Town's tax roles; (b) date, north arrow, and numerical and graphical
scale on each map; (c) brief written description of the proposed use or uses; (d) table or
chart indicating existing zoning and the proposed number or amount and types of uses, lot
area, lot width, yards, building height, coverage, floor area, parking spaces, landscaping, and
open spaces as they relate to the requirements of the zoning regulations; (e) the words,
"Approved by the Town of Lyme Planning and Zoning Commission /ZEO", with designated
places for the title and signature of the Commission Chairman/ZEO and the date.
2. The Property.
(a) Boundaries of the property; (b) location, width, and purpose of all existing and proposed
easements and rights-of-way on the property; (c) existing and proposed contours or spot
grades at intervals of five (5) feet or less, referred to a datum satisfactory to the Commission;
(d) Location of existing wooded areas, watercourses, wetlands, rock outcrops, and other
significant physical features; and where appropriate, (e) mean high water line, high tide line,
wetlands boundary and flood hazard areas, and channel encroachment line.
3. Buildings and Uses.
(a) Location, design, and height of all existing and proposed buildings, signs, fences and
walls; (b) preliminary architectural elevations and floor plans for all buildings; (c) location of all
existing and proposed uses and facilities not requiring a building, such as tennis courts, light
standards, tanks, fences, transformers, dumpsters, and the like; (d) location and design of all
existing and proposed uses not requiring a structure; (e) location and percentage of the total
lot area of all impervious surfaces on the lot, including those in subsection 4 below.
4. Parking, Loading and Circulation.
(a) Location, arrangement, and dimensions of all existing and proposed paved areas,
including automobile parking spaces, aisles, vehicular drives, fire lanes, entrances and exits;
(b) location, arrangement and dimensions of loading and unloading areas; (c) location and
dimensions of pedestrian walkways, entrances and exits.
5. Open Space and Landscaping.
(a) Percentage, size, arrangement, uses, and dimensions of open space on the site; b)
Location and design of all required buffer strips and screening, including riparian buffers,
interior landscaped areas; plant materials, fencing, screening devices, decorative paving, or
other materials proposed; (c) Location of existing trees with a trunk caliper of more than six
(6) inches, except in densely wooded areas where the foliage line shall be indicated;
6. Signs and Lighting.
Location, size, height, orientation and plans of all existing and proposed sign and outdoor
lighting.
7. Utilities.
Location and design of all existing and proposed sanitary subsurface sewage disposal
systems, storm water drainage, water supply facilities, and refuse collection areas including
provisions for recycling, as well as other underground and above ground utilities.
8. Sedimentation and Erosion Control Measures.
Location and design of all proposed sedimentation control measures in accordance with
Section 16.
9. Other information.
(a) A non-commercial cutting plan, if the proposed development is located within the
Conservation Zone. (b) Such additional flood hazard information as may be required by
these Regulations, if the site or any portion thereof is located within an identified Flood Plain
District.
11.5.3 Additional Requirements: Additional information may be required when such information is
necessary in determining conformance with these Regulations. The Commission, or the ZEO
acting as the Commission’s delegate, may require the following additional information:
a. An accurate Class A-2 level survey of the property and all improvements, prepared by a land
surveyor registered in the State of Connecticut.
b. That all plans be prepared, signed and sealed by a professional engineer, architect or
landscape architect as appropriate, licensed to practice in the State of Connecticut, who is
responsible for the information and design. All plans which include the design of roads, detailed
drainage systems, sanitary sewer systems and water systems shall be prepared, signed and
sealed by a licensed professional engineer.
c. Storm water drainage system details, including location, size and elevations of all catch basins,
dry wells, culverts, drainage swales, detention or retention basins and other features.
d. The following written reports may be requested by the Commission/ZEO where appropriate:
1. Sewage Disposal. The site plan shall show provisions for sewage disposal. A written report
prepared by a licensed professional engineer on suitability of the site for on-site sewage
disposal shall be submitted to and approved by the Town Sanitarian prior to submission to the
Commission. The report shall contain a review of results of any test pits and percolation tests
dug on the site, and recommendations for design of on-site sewage disposal
2. Potable Water Supply. The Commission may require that the applicant retain the services of
a licensed water analyst who shall perform such chemical, bacteriological or other analyses or
tests as may be required by the Public Health Code of the State of Connecticut. Results of all
tests shall be submitted to the Town Sanitarian for review and written approval.
3. Fire Protection. The applicant shall identify the source of water for fire protection, and shall
where necessary, after consultation with the fire marshal, provide a fire well, fire pond, water
tank or other source of adequate water for fire fighting purposes. The design, location and
construction of any water supply for fire fighting purposes must be approved by the
Commission. The written report shall include evidence that the comments of the fire marshal
have been solicited and received.
4. Traffic Generation. For all new commercial and industrial development, a report on the
estimated amount and type of vehicular traffic to be generated on a daily basis and at peak
hours; the estimated number of persons to occupy or visit the premises on a daily basis,
including parking and loading requirements for the proposed use or uses. For site plans
involving fifty (50) or more parking spaces, a traffic impact analysis, prepared by a recognized
traffic engineer, shall be submitted as part of the application.
5. Hazardous Materials and Wastes. The applicant shall identify any hazardous materials and
wastes to be associated with the proposed occupancy and use of the property. For the
purposes of this subsection, hazardous materials and wastes are included in Section 3001 of
the Federal Resource Conservation and Recovery Act, Connecticut Hazardous Waste
Regulations, the Federal Hazardous Substance Act, the Toxic Substance Control Act, and other
applicable regulations. If these materials or wastes are to be present, then the applicant shall
present evidence that all applicable permits and approvals from Federal, State or local
authorities have been or are in the process of being obtained. The applicant shall demonstrate
that the hazardous materials or wastes shall be contained or managed in such a manner that
the substances will not specifically pollute or degrade natural resources or the surrounding
environment.
6. Staging Plan. In cases where the applicant wishes to develop in stages, an overall site
and staging plan indicating the ultimate development shall be submitted.
7. Protection of Significant Historical and Archaeological Sites. When a site or portion of a site
has been identified by the State Archaeologist as historically or architecturally significant, the
applicant shall identify on the plans the nature and location of the archaeological resource and
shall indicate what measures are being taken to protect such resource.
8. Other Information: Any other information deemed by the Commission to be necessary to
determine conformity with the intent of these regulations.
11.5.4 Other Site Plan Requirements cited elsewhere in these Regulations.
In addition to the requirements of Section 11, other plans and reports may be required under
these regulations, including but not limited to the following:
(a) coastal site plan, under Section 13;
(b) special requirements for flood hazard areas, under Section 15.
(c) erosion and sediment control plan, when the disturbed areas of such development is
cumulatively more than one-half acre, under Section 16;
(d) Residential Structures over four thousand square feet in total area, when located in the
Conservation District, under Section 14.
(d) Any permits required from any state and/or federal agencies.
11.6 SITE PLAN OBJECTIVES: In reviewing a site plan application, the Commission/ZEO shall take into
consideration the public health, safety and welfare of the public in general and the immediate neighborhood
in particular, and may approve such modifications as are necessary to assure that the site plan complies
with the requirements of these regulations. In particular, the Commission shall assure that the site plan
meets the following objectives:
11.6.1 Complete Application. That the application is complete and includes all materials and
information required by the Commission under these Regulations in order to reach the findings
contained herein.
11.6.2 Conformance with Zoning Regulations. That the application conforms to all relevant
provisions of these Regulations.
11.6.3 Town Plan of Conservation and Development. That the proposed site plan is in general
conformance with the intent of the Town Plan of Conservation and Development; however the
Plan of Development shall not take precedence over the specific provisions of these Zoning
Regulations.
11.6.4 Emergency Services. That all buildings, structures, uses, equipment, or material are readily
accessible for fire, police and emergency medical services, and are protected against hazards
from fire and flood and other hazards to public safety.
11.6.5 Traffic Access. That all proposed traffic accessways to and from the property do not create
traffic hazards and are adequate in width, grade, alignment, and visibility; and that the capacity
of adjacent and feeder streets is adequate to accommodate peak and average traffic volume
and any special traffic characteristics of the proposed use.
11.6.6 Circulation and Parking. That adequate off-street parking and loading spaces are provided
to prevent on-street congestion, that the interior circulation system is adequately designed and
marked to provide safe and convenient movement for both vehicles and pedestrians to and
through the parking area and to all uses, structures, and parking spaces.
11.6.7 Landscaping and Screening. That the landscaping of the site complies with the intent and
purpose of these regulations, that existing trees are preserved to the maximum extent possible,
and that parking and service areas are suitably screened and buffered during all seasons of the
year from the view of adjacent residential districts and public streets. That plant material used
shall be appropriate to the location and in healthy growing condition and shall be properly
maintained over the time of the approved use of the site. Additional landscaping may be
required at the discretion of the Commission
11.6.8 Lighting. That glare and illumination from the installation of outdoor lighting and illuminated
signs is properly shielded from the view of adjacent property and public streets. Lighting
standards shall not exceed 12 feet in height .
11.6.9 Public Health. That all utility systems are suitably located, adequately designed, and
properly installed to serve the proposed uses, to protect the property from adverse air, water or
land pollution, and to preserve and enhance the environmental quality of the surrounding
neighborhood and that of the town.
11.6.10 Natural and Historical Resources. That the development of the site will preserve sensitive
environmental land features and natural resources such as steep slopes, wetlands, and large
rock outcroppings, species identified as rare and endangered and species of special concern,
and preserve scenic views or historically and archaeologically significant features.
11.6.11 Neighborhood Character. That the location and size and overall architectural character of
any proposed use, building or structure, as well as the nature and intensity of operations
involved in or conducted in connection therewith, will be in general harmony with the character
of the surrounding neighborhood, and will not be detrimental to the appropriate and orderly
development or use of any adjacent land, building or structure.
11.7 APPROVAL OF A SITE PLAN
A decision to approve, modify or deny a site plan application shall be made within the time period specified
by State Stature. The reason for the Commission's decision shall be stated on its records. Notice of the
decision shall be published in accordance with state statutes. Once approval has been granted by the
Commission, one (1) mylar and four (4) copies of the approved plan, on which all modifications approved
by the Commission as part of its approval have been clearly indicated, shall be forwarded to the
Commission for its endorsements.
11.8 SURETY. The Commission may require, as a condition of Site Plan approval, that the applicant post
surety in a form and amount satisfactory to the Commission in order to assure conformance with all
proposed improvements (excluding buildings) shown on the approved site plan
11.9 AMENDMENTS TO AN APPROVED SITE PLAN.
11.9.1 Minor Amendments. Minor amendments to a previously approved site plan may be
approved by the Commission or its agent, provided said amendments do not materially alter the
overall character, quality, density or intensity, uses, amenities, parking or other major features of
a site plan as approved. Minor changes shall include, but are not limited to slight relocation of
paved areas, utilities, landscaped areas, lighting and other site features because of unforeseen
topographic or other field conditions.
11.9.2 Major Amendments. Major amendments shall be treated as new applications for site plan
approval in accordance with these regulations. Major amendments shall include but are not
limited to any significant alteration in the square footage or location of landscaped areas; any
alteration in residential density; any increase in building floor area or height, and any other
alteration which significantly affects the overall character, quality, density or intensity, uses,
amenities, parking or other major features of a site plan. The Commission shall decide, on
cases of question, whether a change shall be designated major or minor.
11.10 COMMENCEMENT OF CONSTRUCTION. Construction shall commence on any site plan in
accordance with the approved plan within one year of the date of the approval.. Any plan not commenced
shall become null and void unless an extention is granted by the Commission, and no building permit shall
be issued until a new site plan is approved. Any site not completed within five (5) years of the date of the
Commission's approval shall likewise become null and void, and no Certificate of Occupancy shall be
issued except upon the approval of a new site plan. The notice of approval of a site plan shall include a
statement of the date on which such five (5) year period expires.
11.11 CERTIFICATE OF OCCUPANCY. No Certificate of Occupancy shall be issued by the Building
Official until the Commission/ZEO has determined that the site has been completed in accordance with the
approved site plan and has been issued a final Certificate of Zoning Compliance. No Certificate of Zoning
Compliance shall be issued until the Commission/ZEO has received written certification from the project
architect, engineer, or land surveyor, if one has participated in the preparation of application materials, to
the effect that the project has been completed in accordance with the approved plan. If amendments have
been approved, "as built" drawings shall be submitted as well. The Commission/ZEO shall consider
written certification and "as built" drawings, along with any inspections of the site. If the Commission/ZEO
finds that the project is complete in accordance with the approved plan, a Certificate of Occupancy shall be
issued. If the Commission/ZEO finds that the project is incomplete, a Certificate of Occupancy shall not be
issued.
SECTION 12
SPECIAL PERMITS
12.1 PURPOSE
Comprehensive zoning regulations are based on the division of the community into separate districts in
which the use of land and buildings are substantially uniform. It is recognized that there are certain uses
which, because of their nature, cannot be distinctly classified or regulated so as to be uniformly permitted in
a particular zoning district without careful consideration in each case of the impact of such uses upon
neighboring uses and the surrounding area, and without careful evaluation of the public need for such uses
in the particular locations proposed. Such uses, therefore, shall be treated individually through the use of
Special Permits.
12.2 AUTHORITY
In all cases where these regulations require approval by special permit, no zoning permit shall be issued by
the ZEO except after public notice and hearing in accordance with the General Statutes of the State of
Connecticut and upon authorization of the Planning and Zoning Commission.
12.3 APPLICATION FOR SPECIAL PERMIT
12.3.1 Submission of application: Each application for a Special Permit shall be filed with the Zoning
Enforcement Officer on a form provided by the Commission at least fourteen days prior to the
next regular meeting of the Commission, and shall be accompanied by a fee as established by
the Commission. An application will be considered complete when an application form, fee,
maps and other materials conforming substantially to the requirements of Section 11 has been
received. The information submitted for the Special Permit shall be voted on as part of the
Special Permit Application. Failure to submit a complete application shall be grounds for denial
of the application.
12.3.2 Official Date of Receipt. The date of official receipt of a Special Permit application shall be
the date of the next regularly scheduled meeting of the Commission following the date of
submission of a completed application to the ZEO
12.3.3 Public Hearing: The Commission shall hold a public hearing on all applications for a special
permit in accordance with the requirements of Section 8-3c of the Connecticut General Statutes
a. Mailing of Hearing Notice: At the beginning of a public hearing held on any application for a
Special Permit, the applicant shall present proof that notice of the hearing has been mailed at
least 10 days, but not more than 30 days, in advance of the date of the scheduled hearing by
certified mail, return receipt requested, directed to each of the owners of records of lots located
within 150 feet from the boundaries of the subject properties, as such owners and addresses
appear on the last completed Grand List of the Town of Lyme.
b. Affidavit of Compliance: The petitioner requesting the special permit shall, on or before the
date of the public hearing, file with the Commission proof of mailing documenting compliance
with Section 12.3.3.
12.4 REFERRALS
Upon receipt of a Special Permit application, the Commission may refer the application to the Zoning
Enforcement Officer and any other agency or department affected by the application for review and
recommendations to be submitted prior to or at the public hearing,
12.5 FINDINGS
A Special Permit shall not be granted until the Commission has determined that all of the following
conditions have been satisfied:
12.5.1 Complete Application: That the application contains all information required by these
Regulations, that the information has been prepared by persons having the necessary expertise
to prepare it, that the information is submitted so as to permit the Commission to understand it
and determine compliance with these Regulations. Failure to meet these criteria shall be
grounds for denial without prejudice to future complete applications.
12.5.2 Compliance with Zoning Regulations: That, in addition to meeting all other conditions, the
proposed use and the arrangement of all proposed buildings, structure, facilities and other site
improvements shall comply with all applicable provisions of these Zoning Regulations, unless a
certified copy of a variance is submitted with the application, or the Zoning Enforcement Officer
determines that there is a legal preexisting non-conformity. Further, the application shall
conform to all provisions of the Lyme Subdivision Regulations, the Lyme Wetlands Regulations,
the Public Health Code, and all relevant provisions of the Connecticut General Statutes,
whether or not cited in these Regulations.
12.5.3 Harmony with Development: That the proposed use is of such location, size, scale, density,
character and intensity that it will be in harmony with the appropriate and orderly development of
the district in which it is proposed to be situated, in relation to existing land uses; and that the
use will not be detrimental to the orderly development of adjacent properties in accordance with
the zoning classification of such properties; and that the use is in harmony with the Lyme Plan
of Conservation and Development.
12.5.4 Public Safety: That the nature and location of the proposed use of any building or other
structure in connection with the Special Permit is such that there is adequate access to it for the
purpose of fire protection, police protection, and other emergency equipment, including fire
lanes, access drives to remote portions of building or site, and adequate lighting; that there is
adequate utility capacity for the use, including water supply for fire fighting; that all appropriate
flood proofing measures have been met; and that existing provisions for fire and police, water,
sewerage and other public requirements are adequate.
12.5.5 Impact on Environment: That the location and size of such use, the nature and intensity of
operations involved in connection therewith, and the site layout and development will not have a
significant adverse impact on any environmental and natural resource areas on or adjacent to
the site or within the neighborhood; that the use can be conducted without undue destruction of
and or pollution of lakes, streams and other water bodies, natural topography, habitat and other
natural resources.
12.5.6 Property Values and Character: That the proposed use will not depreciate adjacent property
values; that the size and height of all proposed buildings and the extent of all proposed site
improvements shall harmonize with the existing character of the neighborhood in which the use
is to be established; that the site design is the best possible design of structures and land uses
compatible with the shape, size, topography and natural character of the area; that scenic
vistas and public access are preserved; that materials used, rooflines, doors and windows, site
and building lighting, paving materials, landscaping, signs, colors and other features of the site
and buildings which are visible from the exterior of any building or from adjoining properties or
streets are appropriate for the site’s location; and that light, noise and odors are controlled so as
to not be detrimental to the surrounding area.
12.5.7 Traffic Considerations: That the streets serving the proposed use are adequate to carry all
prospective traffic; that adequate provision is made for entering and leaving the subject site in
such a manner that no undue hazard to traffic or undue traffic congestion shall be created; that
adequate off-street parking and loading facilities are provided; that the development of the
subject site provides for the continuation and appropriate improvement of streets terminating at
or proposed to be constructed through the lot on which the proposed use is to be located; that
the use is within the capacity of adjacent and feeder streets to accommodate peak and nonresidential traffic through resident streets, that all driveways, parking areas, paths and
sidewalks on the site for non-residential uses are interconnected and/or combined with adjacent
parking areas, driveways, paths and sidewalks to minimize curb cuts and maximize pedestrian
and vehicular movement; and that there is adequate and safe circulation within the property for
vehicles and pedestrians.
12.5.8 Landscaping and Buffers: That the site on which the proposed use is to be located will be
suitably landscaped to protect the neighborhood and adjacent property; that the grading,
improvements and landscaping of the site are designed to protect and enhance the historic and
rural character of the town; and that the proposed use of the property will maintain sufficient
buffering between the subject site and adjacent single family residentially zoned properties.
When adequate buffering does not exist, sufficient buffers between the proposed use and
adjacent properties, satisfactory to the Commission, shall be provided through use of grade
separation, landscaped buffer areas, and/or natural open spaces.
12.5.9 Relationship to Utility Systems, Drainage Systems and Impact on
Community Facilities: That the subject site shall have adequate water and sewerage systems
for the proposed use; that the use will not place undue burden on utilities; that adequate
provision for storm water runoff has been made so that quantity and quality of runoff from the
property is maintained or improved; that adequate provision is made for the solid and hazardous
waste disposal, and for recycling; and the proposed use will not adversely impact other existing
community facilities.
12.6 PERMITTED STIPULATIONS WITH SPECIAL PERMIT
The Commission, in approving a Special Permit, may stipulate such restrictions as appear to the
Commission to be reasonable to protect or promote the rights of individuals, property values, and the
environment in the area as a whole, the public health, safety or welfare, sound planning and zoning
principles, improved land use, site planning and land development, and better overall neighborhood
compatibility. Such restrictions may concern, without limitation, the actual operation of the proposed use
and/or components of the Special Permit, including but not limited to the following: hours and scope of
operation, building location, size and layout, distribution of and relationship between uses and structures,
vehicular and pedestrian circulation, parking, open space, landscaping and screening, signs and lighting,
and the design and architectural treatment of all structures.
12.7 COMMISSION ACTION
The Commission will conduct a public hearing and act on the application within the time frame set out by
the Connecticut General Statutes.
12.8 REVOCATION
12.8.1 Violation of Conditions: Whenever the Commission shall find that any terms, conditions or
restrictions upon which a Special Permit was granted are not being complied with, the
Commission may rescind and revoke such approval after giving due notice to the owner of
record of the property involved and to the applicant for the Special Permit.
12.8.2 Abandonment: Whenever a use permitted by Special Permit is abandoned, the approval of
such Special Permit shall be rescinded and revoked. Resumption of a use for which a Special
Permit approval has been rescinded shall constitute a violation of these Regulations.
12.9 AMENDMENTS OR MODIFICATIONS
Once a Special Permit has been granted under these Regulations, no subsequent change in the
operations or conditions of the approved use or approved plan shall be permitted unless a new application
for a Special Permit is submitted to and approved by the Commission. Minor modifications which do not
materially alter the Special Permit, as determined by the Commission, may be approved by the
Commission without a public hearing.
12.10 TIME PERIOD AND EXPIRATION
12.10.1 In approving a Special Permit, the Commission may set or impose time periods or limits on a
Special Permit use, or require periodic renewal with or without a public hearing. In the event an
appeal is taken from the Commission’s approval of a Special Permit, then the time period shall
commence on the date of final resolution or disposition of such litigation. Expired special permits
shall be considered null and void and of no effect.
12.10.2 Substantial construction within one year: If within one year of the date of approval of a
Special Permit, substantial construction has not begun on a building or structure, or no use
authorized by the Special Permit has been established, the Special Permit shall become null
and void. Substantial construction shall include the erection of all foundation structures and atgrade slabs. At the Commission’s discretion and for good cause, upon request of the
applicant, the Commission may extend for an addition one year period the time allotted for the
beginning of substantial construction or establishment of a use.
12.11 INSPECTION
Inspections may be made by the Commission or its designated agent during development to ensure
compliance with the certified plan and that control measures and facilities are properly performed or
installed and maintained. The Commission may require the permittee to verify through progress reports
that soil erosion and sediment control measures and facilities have been performed or installed
according to the certified plan and are being operated and maintained. The cost of the inspections and
consultants shall be paid by the applicant in accordance with the fee schedule.
SECTION 13
COASTAL MANAGEMENT
13.1 PURPOSE: Under Chapter 444 of the Connecticut General Statutes, these Regulations are intended
to insure that the development, preservation or use of land and water resources of the coastal area
proceeds in a balanced manner consistent with the capability of the land and water resources. These
Regulations are further intended to preserve and enhance coastal resources, especially the unique
resources of the lower Connecticut River and its tributaries, and to give high priority and preferences to
uses and facilities that are dependent on proximity to the water or the shoreline.
13.2 COASTAL SITE PLAN: As provided under Connecticut General Statutes Section 22a-105, a coastal
site plan application must accompany all site plans, special permits, and variances within the Lyme coastal
boundary, as delineated on the coastal boundary map on file in the Lyme Town Hall, except as noted in
Section 13.3 below.
13.2.1 Contents of a coastal site plan: A coastal site plan shall include, at minimum, the location and
special relationship of coastal resources on and contiguous to the site; an assessment of the
capability of the resources to accommodate the proposed use; a description of the entire project
with appropriate plans indicating project location, design, timing and methods of construction; an
assessment of the suitability of the project for the proposed site; an evaluation of the potential
beneficial and adverse impacts of the project and a description of the proposed methods to
mitigate adverse impacts on coastal resources.
13.2.2. Commission action: The Commission may approve, modify, condition or deny the activity
proposed in a coastal site plan to ensure that the potential adverse impacts of the proposed
activity on both coastal resources and future water development activities are acceptable. In
making its determination, the Commission shall (a) consider the characteristics of the site,
including the location and condition of any of the coastal resources, (b) consider the potential
effects, both beneficial and adverse of the proposed activity on coastal resources and future
water dependent development opportunities and (c) follow all applicable goals and policies
stated in Section 22a-92 of the Connecticut General Statues and identify conflicts between the
proposed activity and any goal or policy.
13.3 EXEMPT USES: The following uses, if and where permitted by these regulations in the coastal area,
are exempt from the coastal site plan review requirements (such uses are not exempt from other Zoning
permits and requirements):
(1)
Interior modifications or minor additions to or modification of existing buildings or detached
accessory buildings, such as garages and utility sheds.
(2)
Construction of new or modifications of existing structures incidental to the enjoyment and
maintenance of residential property including but not limited to walks, terraces, driveways,
swimming pools, tennis courts, docks and detached accessory buildings. See Appendix F.
(3)
Construction of new or modification of existing on-premise fences, walls, pedestrian walks
and terraces, underground utility connections, essential electric, gas, telephone, water and
sewer service lines, signs and such other minor structures as will not substantially alter the
natural character of coastal resources or restrict access along the public waterfront.
(4)
Construction of an individual conforming single family residential structure except in or within
one hundred feet of the following coastal resource areas: tidal wetlands, coastal bluffs and
escarpments and beaches and dunes.
(5)
Activities conducted for the specific purpose of conserving or preserving soil, vegetation,
water, fish, shellfish, wildlife and other coastal water and land resources.
(6)
Gardening, grazing and the harvesting of crops.
(7)
Minor changes in use of a building, structure or property, except those changes occurring on
property adjacent to or abutting coastal waters.
13.4 LONG ISLAND SOUND WATERS. In any review of a proposal where the development of a
property may adversely affect the waters of Long Island Sound with respect to hypoxia, pathogens, toxic
contaminants and floatable debris, then reasonable design considerations shall be made for the restoration
and protection of the ecosystem and habitat of Long Island Sound in conformance with Connecticut
General Statutes Section 8-2b as may be amended
SECTION 14
CONSERVATION DISTRICT
14.1 PURPOSE:
Under Section 25-102d et sec of the Connecticut General Statutes, the Conservation District is established
for the enjoyment of present and future generations of Connecticut citizens, to preserve the unique scenic,
ecological, scientific and historic values which the Lower Connecticut River contributes for public
enjoyment, inspiration, and scientific study, and to prevent deterioration of the natural or traditional river
scene.
14.1.1 No activity regulated under Section 14 shall commence prior to the issuance of a permit and
no such permit shall be granted unless the Commission finds that the proposed activity is
compatible with the preservation of the natural or traditional river scene, and consistent with the
purposes of Chapter 477a of the Connecticut General Statutes.
14.2 SETBACK FROM WATER BODIES
No building or other structure shall be constructed, reconstructed, enlarged, extended, moved or
structurally altered nor shall any land be filled within a distance of one hundred feet of the high tide line (as
defined in the Connecticut General Statutes) of the Connecticut River or any of its tributaries or associated
wetlands. At its discretion, upon determination of functional need, the Commission may issue a special
permit to reduce the setback for structures that require direct access to the water as an operational
necessity such as piers, docks, boathouses and boatsheds
14.3 RESTRICTIONS ON THE USE OF LAND ADJOINING TIDAL WETLANDS
In addition to the requirements of Section 15, Flood Plain District, no grading, excavation, deposition,
construction, non-commercial cutting or alternation is permitted within a land buffer zone 100 feet wide
adjoining tidal wetlands until there is first submitted to the Zoning Enforcement Officer a site plan showing
the details of the proposed development and including: soil erosion and sedimentation control measures;
and a non-commercial cutting plan; with other information as may reasonably be required. No permit for
such operations shall be granted unless the plan shall clearly show that the proposed development will not
cause any filling in of the tidal wetlands.
14.3.1 Required Vegetative Buffer
There shall be no cutting of vegetation within a strip of land extending 50 feet in horizontal
distance inland from the high tide line, as defined in the Connecticut General Statutes, of the
Connecticut River or any of its tributaries or associated wetlands, except as provided in this
Section.
a. There shall be no clear cut openings, and a well distributed stand of trees and other
vegetation, including existing ground cover, shall be maintained. Existing vegetation less than
three feet in height and other ground cover shall not be removed except to provide for a footpath
or other permitted uses. Pruning of tree branches on the bottom third of trees is permitted.
Fields which have reverted primarily to shrubs, trees or other woody vegetation shall be
regulated under the provisions of this section. Cleared openings legally in existence on the
effective date of these regulations may be maintained but shall not be enlarged.
b. There shall be no timber harvesting within the buffer area except to remove safety hazards.
When removal of storm-damaged, diseased, unsafe or dead tree results in the creation of
cleared openings, these openings shall be replanted with native tree species unless existing
new tree growth is present. Prior to cutting of diseased or damaged trees, a determination
about the conditions of such trees shall be made by the zoning enforcement officer upon review
of a letter stating the necessity of such action submitted to the zoning officer by a public or
consulting forester.
c. In no event shall an opening be cleared for development, including but not limited to surface
regrading, storm water drainage structures, construction of retention walls, construction of
principal or accessory structures, driveway construction, sewage disposal areas, and lawns and
gardens.
d. A footpath not to exceed five feet in width is permitted provided that a cleared line of sight to
the water through the buffer strip is not created.
e. Stairs or similar structures may be allowed with a permit from the zoning enforcement officer
to provide shoreline access in areas of steep slopes or unstable soils, provided that the
structure is limited to a maximum of five feet in width and does not extend below or over the
high tide line of the Connecticut River or its tributaries or the upland edge of a wetland, and the
applicant demonstrates that no reasonable access alternative exists on the property.
f. A vegetated buffer shall not be required for areas within the Conservation District which
have been mapped and designated by the Planning and Zoning Commission as “developed
areas”. In such developed areas, property owners are encouraged, where feasible, to maintain
a vegetated area of trees and shrubs immediately adjacent to the water to avoid erosion and
enhance the scenic quality of the river scene. For purposes of this Section, a developed area is
an area adjacent to the Connecticut River or its tributaries and associated wetlands within the
50 foot area immediately landward of the high tide line, as defined in Connecticut General
Statute 22a-359(c), which has been developed in the sense of being armored through the use of
bulkheads, rip-rap or other structural stabilization methods or materials. The 50 foot buffer area
may also be considered as “developed” if clearing or construction activities such as paving have
occurred in such a manner so as to make the retention or replacement of vegetation within said
50 foot area impractical, infeasible or undesirable. Every portion of the buffer area shall be
considered on its own merits, even within the confines of a single lot or parcel. If only a part of
the buffer has been developed, the vegetated buffer shall be required for the remaining
undeveloped part. For purposes of this definition, an existing lawn shall be considered as a
developed area.
14.4 ADDITIONAL REQUIREMENTS FOR RESIDENTIAL STRUCTURES OVER FOUR THOUSAND
SQUARE FEET IN TOTAL AREA: A special permit is required for all construction, reconstruction,
enlargement, or structural alterations of principal and accessory residential structures which result in one or
more buildings or structures having a combined total floor area in excess of four thousand square feet (all
floors). The purpose of this requirement is to assure that large scale residential structures and significant
site modifications located within the Conservation District will not cause deterioration of the natural and
traditional river scene.
14.4.1 Exception: A special permit shall not be required for residential structures over four thousand
(4000) square feet in total floor area under this Section if it can be demonstrated by the
applicant that the proposed structure or structures will not be visible from the Connecticut River,
Lords Cove, Whalebone Creek, Selden Creek, Selden Cove, and Hamburg Cove.
Demonstration that a structure will not be visible from the Connecticut River shall consist of an
area topographic map showing that there is intervening ground between the house and the
water at an elevation at least thirty-five (35) feet above ground elevation of the proposed
structure.
14.4.2 Submission: In addition to other town requirements for special permit applications, the
applicant will provide site plans and building elevations prepared by an architect and/or
landscape architect which show information on existing and proposed topography, building
design and height measurements, proposed grading including cuts, fills and retaining walls, any
required buffer area, proposed landscaping and plans for access to the waterfront, if applicable.
14.4.3 Special Permit Criteria:
a. Proposed site development shall maintain the essential natural characteristics of the site,
such as major landforms, natural vegetative and wildlife communities, hydrologic features,
scenic qualities and open space that contributes to a sense of place.
b. Structures shall be adapted to the existing terrain, rather than altering the earth form to
create a platformed development site.
c. Structures located above the crest of hillsides facing the River shall be held back from the
crest of the hill to maintain a clear sense of the hillside brow in its natural condition.
d. Vertical architecture elements shall not be over emphasized in a manner which disrupts the
natural silhouette of the hillside. Structures shall be designed so that the slope angle of the roof
pitch is generally at or below the angle of the natural hillside or manufactured slope.
e. Building forms shall be scaled to the particular environmental setting to avoid excessively
massive forms that fail to enhance the hillside character. Massing of structural elements such
as large roof areas shall be broken up to approximate natural slopes.
f. Roof lines shall relate to the slope and topography. Rooftop treatment shall be designed to
avoid monotony of materials, forms and colors. Dark colored roof treatments, which reduce
visual impact of the structure on the landscape, are preferred.
g. Site design shall preserve the existing natural landscape where possible and include new
landscaping which is compatible with existing natural vegetation, the scenic character of the
area, and increases visual buffering between the building and the River or its tributaries within
the Gateway Conservation District.
h. Development shall be located so as to minimize disturbance of sensitive areas. The
smallest practical area of land should be exposed at any one time during development and the
length of exposure should be kept to the shortest practical time. Disturbed areas shall be
replanted with trees, shrubs and ground cover which are compatible with existing vegetation.
i. Site grading shall avoid straight and unnatural slope faces. Cut and fill slopes shall have
curved configurations to reflect as closely as possible the forms and shapes of surrounding
topography. At intersections of manufactured and natural slopes, abrupt angular intersections
should be avoided and contours should be curved to blend with the natural slope.
14.4.4 Findings: A special permit shall not be granted until the Commission has determined that all
of the following conditions have been satisfied:
a. Proposed structures and site work have been designed to fit the hillside
altering the hillside to fit the structure and site design.
rather than
b. Disturbance to existing topographic forms is minimized and proposed grading and
excavation will not result in soil erosion and silting of lower slopes.
c. The proposed development retains or enhances the visual character of the site and the area
by utilizing proper structural scale and character, varied architectural treatments and appropriate
plant material to buffer the mass of the building from the River or its tributaries in the Gateway
Conservation District.
d. The proposed design preserves or enhances significant natural features and maintains or
restores the natural and traditional character of the River scene.
14.5 REMOVAL OF SOIL AND EARTH MATERIALS
Within the Conservation Zone the removal of soil and earth materials is prohibited except for the following
activities:
a. Valid non-conforming uses in existence as of May 14,1974;
b. Foundation, trench and related site excavation performed after the issuance of a building
permit;
c. Filling, removal of excavation in connection with the landscaping and grading of land for a
purpose for which a building permit, site plan or special permit is not required, provided that
such filling, removal, or excavation shall not exceed 300 cubic yards of material.
14.6 DUMPING AND STORING OF REFUSE
Within the Conservation Zone no new public solid waste facility shall be established or an existing facility
be expanded in area.
14.7 BURNING OF UNDERGROWTH
Within the Conservation Zone the burning of undergrowth shall be in accordance with those regulations of
the Connecticut Department of Environmental Protection which are in effect from time to time to control and
abate air pollution and in accordance with all other applicable provisions of law.
14.8 COMMERCIAL CUTTING OF TIMBER
Within the Conservation Zone no commercial cutting of timber shall occur without a permit issued by the
Lyme Zoning Enforcement Officer. After submission of a commercial cutting plan to the Zoning
Enforcement Officer, a permit shall be granted if it is found to be consistent with the minimum standards set
forth in Section 17.
SECTION 15
FLOOD PLAIN DISTRICT
15.1 PURPOSE
Together with the other classes of Districts referred to in these Regulations, there shall be a Flood Plain
District which includes all or parts of such other districts to the extent that they are located in the Flood
Plain Area as shown on the Flood Insurance Rate Map (FIRM). The purposes of this District are as
follows:
(i)To regulate development of marshes and land which are subject to tidal or other flooding, in order to
reduce hazards to public health and safety which would be present if such land were to be used for human
occupancy; (ii) to preserve ecological values; (iii) to restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion or to flood heights or velocities; to require that uses vulnerable
to floods be protected against flood damage at time of initial construction; (v)To control alteration of natural
flood plains, streams, channels, and natural barriers, which are involved in the accommodation of flood
waters; and to qualify property within the Town of Lyme for eligibility under the Federal Flood Insurance
Program.
15.2 DELINEATION OF FLOOD PLAIN AREAS
The Flood Plain District includes land identified as unnumbered Zone A or A-1 through A-30 on the Flood
Insurance Rate Map (FIRM) dated January 3, 1979, the Flood Boundary and Floodway Map dated January
3, 1979, and the Flood Insurance Study (FIS) dated July 1978, and as they may be amended.
15.3 DEFINITIONS SPECIFIC TO SECTION 15
15.3.1 Base Flood: The flood having a one percent (1%) chance of being equaled or
any given year.
exceeded in
15.3.2 Flood Boundary and Floodway Map: Those areas identified on the floodway and flood
boundary for Lyme, Connecticut dated January 3, 1979 and as it may be amended.
15.3.3 Flood Insurance Rate Map (FIRM): The official map prepared for the Town of Lyme by the
Federal Insurance Administrator on which both special hazard areas and risk premium zones
applicable to the Town of Lyme have been designated and is dated January 3, 1979 and as it
may be amended.
a. Zone A: means the Special Flood Hazard Area shown on the FIRM which is subject to
inundation by the 100 year flood. Because detailed hydraulic analyses have not been
performed, no Base Flood Elevation is shown. Mandatory flood insurance purchase
requirements apply.
b. Zone A1-30: or “numbered A Zones”, means the Special Flood Hazard
Areas shown on
the FIRM which are subject to inundation by the 100 year flood determined in a Flood
Insurance Study (FIS) by detailed methods. Base Flood Elevations are shown with these
zones. Insurance risk level is indicated by the number. Mandatory flood insurance purchase
requirements apply.
15.3.4 Flood Insurance Study (FIS): means the official report from the Federal Emergency
Management Agency (FEMA) which contains examination, evaluation, and determination of
flood hazards and if appropriate, corresponding water elevations.
15.3.5 Flood Prone Area or Area of Special Flood Hazard: The land in the flood plains within the
Town of Lyme that is subject to a one percent (1%) or greater chance of flooding in any given
year and designated as A zones on FIRM.
15.3.6 Floodproofed: Watertight with walls substantially impermeable to the passage of water, with
structural components having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
15.3.6 Floodproofing: Any combination of structural or nonstructural additions, changes or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property or sanitary facilities, structures or their contents.
15.3.7 Floodway: The channel of a river or other watercourse and the adjacent land areas which
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot.
15.3.8 Lowest Floor: The lowest floor of the lowest enclosed area (including basement).
15.3.9 New Construction: Structures for which the “start of construction” commenced on or after the
effective date of the initial FIRM, (January 3, 1979), and includes any subsequent improvements
to such structures
15.3.10 Start of Construction: Including “substantial improvement”, means date the building permit
was issued, provided the actual start of construction, repair, reconstruction, placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation, or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure.
15.3.11 Substantial Improvement: Any repair, reconstruction, addition, or other improvement of a
structure, taking place over a five year period, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure using the cost approach to value method (ie: market
value determination is based on the depreciated replacement cost of the structure using current
rates for materials, equipment, and labor), before the “start of construction” of the improvement.
For the purposes of this definition, “substantial improvement” is considered to occur when the
first alteration of any wall, ceiling, floor or other structural part of the building commences,
whether or not the alteration affects the external dimensions of the structure. The term does
not, however, include either (i) any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which are solely necessary to
assure safe living conditions or (ii) any alteration of a structure listed on the National Register of
Historic Places or a State Inventory of Historic Places.
15.4 ENFORCEMENT OF FLOOD PLAN DISTRICT REGULATIONS
15.4.1 The Enforcement Officer for this Section shall be the Zoning Enforcement Officer or other
such person as the Commission may designate. The Enforcement Officer shall have the
following responsibilities:
a. Require permits for all proposed construction or other development in any Special Flood
Hazard area. The term “development” is defined to mean “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”.
b. Review permits for proposed development to assure that all other necessary permits have
been received from those governmental agencies from which approval is required by Federal,
State or Municipal Law.
c. Review all permit applications to determine whether proposed building sites will be
reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new
construction and substantial improvements (including the placement of prefabricated buildings)
shall (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or
lateral movement of the structure; (ii) be constructed with materials resistant to flood damage;
(iii) be constructed by methods and practices that minimize flood damage and (iv) be
constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water from entering or
accumulating with the components during conditions of flooding
d. Review subdivision proposals and other proposed new development to determine whether
such proposals will be reasonably safe from flooding. If a subdivision proposal or other
proposed new development is in a flood-prone area, any such proposals shall be reviewed to
assure that (i) all such proposals are consistent with the need to minimize flood damage within
the flood-prone area, (ii) all public utilities and facilities, such as sewer, gas, electrical, and
water systems are located and constructed to minimize or eliminate flood damage and (iii)
adequate drainage is provided to reduce exposure to flood hazards.
e. Require that all subdivision proposals and other proposed new developments, greater than
fifty, (50) lots or five (5) acres, whichever is less, include base flood elevation data.
f. Require that new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system.
g. Require that (i) new and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and discharges from the
systems into flood waters and (ii) on-site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination from them during flooding.
15.4.2 In addition to the above requirements, the ZEO shall have the following responsibilities:
a. In unnumbered A zones, 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: (i)
all new construction and substantial improvements to residential structures have the lowest floor
(including basement) elevated to or above base flood level and (ii) all new construction and
substantial improvements to non-residential structures have the lowest floor, (including
basement) elevated or flood-proofed to or above the base flood level.
b. In zones A-1 through A-30, as shown on FIRM, require that all new
construction and substantial improvements of residential structures have the lowest floor
(including basement) elevated to or above the base flood level.
c. In zones A-1 through A-30, require that new construction and substantial improvement of
non-residential construction (i) have the lowest floor (including basement) elevated to or above
the base flood level or (ii) together with attendant utility and sanitary facilities, be designed so
that below the base flood level the structure is water tight with walls substantially impermeable
to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy.
d. Provide that where flood proofing is utilized for a particular structure, (i) a registered
professional engineer or architect shall certify that the floodproofing methods are adequate to
withstand the flood depths, pressures, velocities, impact and uplift forces and other factors
associated with the base flood, and (ii) shall maintain a record of such certificates indicating the
specific elevation (in relation to mean sea level) to which such structures are floodproofed shall
be maintained.
e. In the floodway, as shown on the Floodway Boundary and Floodway Map:
1. Any encroachment, including fill, new construction, substantial improvement and other
developments shall be prohibited if such activity would result in any increase in flood levels
within the Town of Lyme; and compliance thereto may be demonstrated through hydrologic
and hydraulic analyses.
2. In zones where base flood elevations have been determined, but before a floodway is
designated, no new construction, substantial improvement, or other development (including
fill) shall be permitted which will increase base flood elevations more than one (1) foot at any
point along the watercourse when all anticipated development is considered cumulatively with
the proposed development.
3. The Town may request floodway data of an applicant for watercourses without FEMA
published floodways. When such data is provided by an applicant or whenever such data is
available from any other source (in response to the Town’s request or not), the Town shall
adopt a regulatory floodway based on the principle that the floodway must be able to convey
the waters of the base flood without increasing the water surface elevation more than one (1)
foot at any point along the watercourse.
f. The ZEO shall notify, in riverine situations, adjacent communities and the Department of
Environmental Protection, prior to approving any alteration or relocation of a watercourse, and
submit copies of such notifications to the Federal Insurance Administrator.
g. The ZEO shall assure that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained.
h. The ZEO shall:
1. Obtain the “as built” elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures and whether or not such structures
contain basements.
2. Obtain, if the structure has been flood proofed, the elevation (in relation to mean sea level)
to which the structure was flood proofed.
3. Maintain a record of all such information.
15.5 VARIANCES. The ZEO shall maintain a record of all flood protection variance actions, including
justification for their issuance, and report such variances issued in the required report submitted to the
administrator.
15.5.1 An applicant for a variance to this Section shall be notified by the ZEO that the issuance of a
variance to construct a structure below the base flood level will result in increased rates for
insurance coverage, and that such construction shall be maintained with a record of all flood
protection variance actions.
15.5.2 A variance shall not be granted if the Lyme Zoning Board of Appeals determines that: The
variance would result in any increase in flood levels of the designated floodway during the base
flood discharge; Granting of the variance would result in increased flood heights, additional
threats to public safety, extraordinary public expenses, or create a nuisance; No exceptional
hardship would result from the failure to grant the variance.
15.6
USES PERMITTED IN FLOOD PLAIN DISTRICTS (FP-40)
a. Parks, boat landings, playgrounds and wildlife sanctuaries operated by governmental units or
nonprofit corporations.
b. Game farm, wildlife propagation and similar conservation activities
.
c. Farming, truck or nursery gardening.
d. Private boat landings and private swimming facilities.
e. Hunting and fishing in accordance with applicable state and local regulations.
15.7
USES PROHIBITED
a. No land in any such district shall be filled or paved, nor shall any natural grades be changed nor
any watercourses altered or obstructed, except with the approval of the Planning and Zoning
Commission, provided that such Commission shall have found that the proposed fill or paving
will not increase the hazards from flood conditions, including tidal flooding, is not inconsistent
with the purposes of the Conservation Zone as stated in Section 14 of these Regulations, and
will not adversely affect drainage or ground water conditions nor substantially reduce the
economic value of such land as a source of food supply for fish and shellfish, and will not
otherwise be detrimental to the public health, safety and welfare.
b. No building or structure shall be constructed, altered, enlarged, or moved in any Flood Plain
District except a building which is accessory to a use permitted under Subsection 15.6.
c. Manufactured homes are prohibited within the special flood hazard areas.
15.8 MINIMUM LOT AREA AND WIDTH
No parcel of land in any Flood Plain District shall be divided so that any lot or any portion thereof shall be
less in area than 40,000 square feet or less in width than 100 feet.
SECTION 16
SEDIMENTATION AND EROSION CONTROL
16.1 REQUIREMENT FOR SEDIMENTATION AND EROSION CONTROL PLAN FOR ZONING
PERMITS
No permit shall be issued for new construction unless a site plan, together with a non-commercial cutting
plan (when applicable, as determined by the Zoning Enforcement Officer), containing all the information
necessary to meet the requirements of these Regulations shall have been submitted to and approved by
the Zoning Enforcement Officer or the Planning and Zoning Commission. Where the development is for a
multifamily project, or permitted non-residential use in any District, approval shall be by the Planning and
Zoning Commission.
16.2 SOIL AND EROSION AND SEDIMENT CONTROL PLAN
16.2.1 A soil erosion and sediment control plan shall be submitted with any application for
development if:
a. The disturbed area of such development will be cumulatively more than one-half acre (or)
b. The Zoning Enforcement Officer determines that a proposal has the potential to create an
erosion problem. The Zoning Enforcement Officer will refer the proposal to the Planning and
Zoning Commission (or)
c. Any non-residential use, multi-family use, or family dwelling unit in excess of 4000 square
feet is proposed within the Conservation District.
16.2.2 To be eligible for certification, a soil erosion and sediment control plan shall contain proper
provisions to adequately control erosion and sedimentation and reduce the danger from the
storm water runoff on the proposed site based on the best available technology.
16.2.3. Such principles, methods and practices necessary for certification are found in the
Connecticut Guidelines of Soil Erosion and Sediment Control (2002), as amended. Alternative
principles, methods and practices may be used with prior approval of the Commission.
16.2.4 The soil erosion and sediment control plan shall include a narrative describing the following:
a. The development.
b. The schedule for grading and construction activities including: start and
completion dates; sequence for grading and construction activities; sequence for installation
and/or application of soil erosion and sediment control measures; sequence for final
stabilization of the project site.
c. The design criteria for proposed soil erosion and sediment control measures and storm
water management facilities.
d. The construction details for proposed soil erosion and sediment control measures and
storm water management facilities.
e. The installation and/or application procedures for proposed soil erosion and sediment
control measures and storm water management facilities.
f. The operations and maintenance program for proposed soil erosion and sediment control
measures and storm water management facilities.
16.2.5 The Commission may require a Soil Erosion and Sedimentation Control Plan for any activity if
it determines that the activity has significant erosion potential. The plan shall include the
following:
a. The existing and proposed topography including soil types.
b. The proposed area alterations including cleared, excavated, filled, or graded areas
c. The location of and design details for all proposed soil erosion sediment control measures
and storm water management facilities.
d. The sequence of grading and construction activities.
e. The sequence for installation and/or application of soil erosion and sediment control
measures.
f. The sequence for final stabilization of the development site.
16.3 MINIMUM ACCEPTABLE STANDARDS
a. Plans for soil erosion and sediment control shall be developed in accordance with these
regulations using the principles as outlined in the Connecticut Guidelines for Soil Erosion and
Sediment Control (2002), as amended. Soil erosion and sediment control plans shall result in a
development that: minimizes erosion and sedimentation during construction; is stabilized and
protected from erosion when completed; and does not cause off-site erosion and/or sedimentation.
b. The minimum standards for individual measures are those in the Connecticut Guidelines for Soil
Erosion and Sediment control (2002), as amended. The Commission may grant exceptions when
requested by the applicant if technically sound reasons are presented.
c. The appropriate method from the Connecticut Guidelines for Soil Erosion and Sediment Control
(2002), as amended, shall be used in determining peak flow rates and volumes of runoff unless an
alternative method is approved by the Commission.
16.4 ISSUANCE OR DENIAL OF CERTIFICATION
a. The Lyme Planning and Zoning Commission shall either certify that the soil erosion and sediment
control plan, as filed, complies with the requirements and objectives of this regulation, or deny
certification when the development proposal does not comply with these regulations.
b. Nothing in these regulations shall be construed as extending the time limits for the approval of
any applications under Chapters 124, 124A or 126 of the General Statutes.
c. Any soil erosion and sediment control plan may be submitted to the Soil and Water Conservation
District for review and advisory opinion.
d. The Commission may forward a copy of the development proposal to the conservation
commission or other review agency or consultant for review and comment.
16.5 CONDITIONS RELATING TO SOIL EROSION AND SEDIMENT CONTROL.
16.5.1 The estimated costs of measures required to control soil erosion and sedimentation, as
specified in the certified plan, that are a condition of certification of any modified site plan may
be required to be covered in a performance bond. The bond shall be posted with the Treasurer
of the Town of Lyme in an amount approved by the Planning and Zoning Commission as
sufficient to guarantee conformity with the provisions of the plan issued hereunder.
16.5.2 Site development shall not begin unless the soil erosion and sediment control plan is certified
and those control measures and facilities in the plan scheduled for installation prior to site
development are installed and functional.
16.5.3 Planned soil erosion and sediment control measures and facilities shall be installed as
scheduled according to the certified plan.
16.5.4 All control measures and facilities shall be maintained in effective condition to ensure the
compliance of the certified plan.
16.6 USE OF NON-INVASIVE SPECIES
In preparing sedimentation and erosion control plans, the applicant shall select vegetation that is native to
the area. Invasive plant species shall not be used for stabilization. Where invasive species are present,
the applicant shall show plans to remove the invasive species and replace with native, non-invasive
vegetation.
16.7 INSPECTION
Inspections may be made by the Commission or its designated agent during development to ensure
compliance with the certified plan and that control measures and facilities are properly performed or
installed and maintained. The Commission may require the permittee to verify through progress reports
that soil erosion and sediment control measures and facilities have been performed or installed according
to the certified plan and are being operated and maintained. The cost of the inspections and consultants
shall be paid by the applicant in accordance with the fee schedule.
SECTION 17
CUTTING AND REMOVAL OF FOREST SPECIES
17.1 PURPOSE:
Harvesting of forest trees species is an integral part of forest management by which wood for human use
is obtained and by which forests are established and tended. It is recognized that during harvesting
operation, there will be temporary change in the forest environment. It is the purpose of these guidelines to
establish harvesting standards which will maintain the productivity of land for continuous forest crops,
improve wildlife habitat, and minimize negative environmental impact.
It is further recognized that a diverse ecosystem includes woodlands, fields and meadows. This Regulation
is not intended to prevent the creation or maintenance of such diversity. When a woodland is being
cleared to create or maintain a pasture or meadow, a permit will be required under this section to ensure
that the clearing is done in an environmentally responsible manner.
17.2 PERMIT REQUIRED:
It is unlawful for a person to harvest forest tree species without a permit, except as follows: (1) Land used
for agricultural purposes and cultivation of crops other than forest products, (2) Land used or being
developed for residential, recreational or other non-woodland commercial purposes, (3) Thinning and
clearing in connection with public improvements, (4) Land used for access to abutting land, and (5)
Cultured Christmas tree area.
The application for a permit shall consist of a plot plan showing the applicant’s property and the abutting
property owners, a cutting plan indicating the nature of the operation, and a certification of the cutting plan
by a public or consulting forester indicating the plan’s conformance with the minimum standards set forth
herein.
17.3 STANDARDS
17.3.1 Stream Protection
a. All possible care will be taken to protect continuously flowing streams and other water
bodies from siltation and other damage during harvest operation.
b. Streams are defined as perennial streams indicated on U.S.G.S. Topographic maps, scale
1:24,000.
c. Partial cuttings, designed to created uneven-aged stands, will normally be used within 50 to
100 feet of these water courses. No more than fifty percent of the merchantable volume will be
removed, taking care in the selection of leave trees to minimize water temperature increases
and visual impact.
d. Care should be taken not to fell trees into or across streams. Logging debris accidentally
dropped into streams and ponds shall be promptly removed.
e. All stream crossings will be as close to a right angle as possible. Stream channels shall not
be altered unless necessary to stabilize a stream crossing. Except for planned crossings,
harvesting equipment should avoid entering or crossing streams.
f. After the completion of a harvest operation, banks at stream crossings will be graded and
restored to approximately their original condition. Reseeding with an appropriate grass mixture
may be required.
g. Any and all temporary structures in or across streams will be removed upon completion of
operations.
17.3.2 Logging Roads and Trails
a. Careful consideration should be given to the planning and location of main haul or skid
roads. All road locations, including alternate routes where advisable, will be planned prior to
harvesting operations. Logging shall be timed to occur during the dry part of the year, or when
the ground is frozen. If unusual rainfall occurs after the start of logging, all operations shall
cease for such period of time as is necessary for the ground to dry out. The use of log
forwarders is encouraged as opposed to skidders. Forwarders are in general less damaging to
the environment and remaining trees along the logging trails. Outstanding considerations are
as follows:
1. Location so as to minimize construction or use impact on the land.
2. Grades in excess of 10% (steep slopes) or 0% (flat) gradients will be avoided except for
short distances.
3. For each road, landing or skid trail, drainage control systems or stabilization shall be
provided and maintained to control water flow.
4. Unless otherwise stipulated, all roads, main skid trails, landings and sawmill sites will be
stabilized. Temporary culverts will be removed, water bars installed where necessary, ruts filled
or graded out and gutters cleaned.
5. Where required for erosion control or where desirable from a wildlife standpoint, major skid
roads, landings and/or sawmill sites will be limed, fertilized and seeded with an appropriate
mixture of native grass and legumes.
17.3.3 Aesthetic Considerations
a. Border Strips
1. Within approximately 100 feet of any automobile road, recreation trail or other recreation
area on public land, or boundary line in proximity to any dwelling, harvesting of trees will be
partial cuttings. Not more than 50% of the merchantable volume should be removed except in
salvage operations, to open up scenic vistas, or in forestry demonstration areas. In highvisibility areas, it will be desirable to create uneven-age stands to provide change and variety in
scenery.
2. Special attention will be given to leaving unique tree specimens, flowering shrubs and trees,
or those species that have value as food producers or den sites for birds and wildlife.
3. Brush Control: Undesirable sprout growth or brush, including non-native invasive species,
should be controlled using approved herbicide treatments. Chemicals used in performing this
practice must carry a Federal registration and be applied strictly in accordance with authorized
uses, label directions, and Federal and State regulations.
4. Special consideration shall be given to those border strips in the following situations:
(a) Screen clear-cuts, shelterwood cuttings or other heavy cuts that would be deleterious to
the landscape aesthetics.
(b) Screen yards and loading areas. Debris removal or control is especially important in
these locations.
5. Management of Slash
(a) No slash will be left within 25 feet of any automobile road, established recreation trail,
pond, lake or stream.
(b) Within the remaining width or a border strip, all slash will be chipped or lopped and
scattered so that it does not exceed four feet in height.
(c) On all other harvest areas, slash, severely bent, or broken trees shall be dropped and/or
lopped to a height not to exceed six feet.
17.3.4 Harvest Methods
Because of the wide variation in forest types, stand size classes, stocking levels and timber
volumes which exist in Connecticut woodlands, there are a variety of methods that can be used
either singly or in combination in harvesting and re-forestation to meet the stated purpose.
These methods include clear-cutting with natural reproductions, direct seeding or planting,
seed-tree cutting, selection cutting, including diameter limit harvesting , shelterwood cutting, and
such other methods as shall be consistent with good forestry practice.
Although even-age management is an accepted silvicultural practice, particularly with hardwood
species, its use should be practiced judiciously. A clear-cut area
presents a severe visual impact to those unfamiliar with this harvest method. Therefore, clearcutting will have the following restrictions:
1. Maximum of 5 acres in size.
2. Irregular in shape – avoid linear cutting bounds.
3. Soften edges by partial cutting within 50-100 feet of clear-cut boundaries.
4. Screen clear-cut areas with border strips along roads, trails or other areas of heavy public
use.
5 .Leave ridge tops uncut, as identified by the ZEO – these areas are the most visible.
6. In most cases, even-aged management may be accomplished through shelterwood
cuttings rather than clear-cutting.
17.3.5 Wildlife Considerations
Virtually any cutting in forested areas will provide wildlife benefits. Emphasis will be placed on
creating the maximum edge effect, and maintaining as much browse and cover as possible,
consistent with over-all management goals.
17.3.6 Regeneration
Harvest procedures, properly applied and executed should provide for adequate tree
reproduction. However, there will be instances where regeneration may be deficient or result in
undesirable tree species. In these cases, steps should be taken to provide the desired stocking.
17.3.7 Fire Control Considerations
Access roads and fire lanes will be left clear of slash when a cutting job is completed.
Designated roads will be graded so as to be passable by fire suppression equipment. Where
access road construction is included in a harvest operation, considerations should be given to
construction of loading docks and fire water-holes at strategic locations.
SECTION 18
EARTH MATERIALS OPERATIONS
18.1 PURPOSE:
The purpose of this Section is to permit the extraction of earth materials resources in such a manner as to
protect the natural environment of the Town of Lyme, limiting potential adverse impacts in the form of
environmental degradation, traffic, noise, dust and aesthetic considerations. These Regulations are
intended to protect sensitive areas from damage, minimize adverse impacts during operations, and restore
the site to a safe and attractive condition following termination or completion of the operation. This Section
is intended to control any earth material operations that may create a safety or health hazard to the public
or the adjacent property owners, or be detrimental to the immediate neighborhood or the Town, and to
provide for restoration of the operation site in keeping with the character of the Town.
18.2 USES ALLOWED WITHOUT PERMIT: The following filling, removal or excavation activities are
permitted in all zones, including the Conservation District, without a permit; except as noted in Section 14.
18.2.1 Foundation, trench, septic and related site excavation and/or filling performed after the
issuance of a building and/or septic permit.
18.2.2 Filling, removal or excavation in connection with the landscaping and grading of land for a
purpose for which a building permit is not required, provided that such filling, removal, or
excavation shall not exceed 1000 cubic yards of material.
18.3 WAIVER OF CERTAIN REQUIREMENTS FOR FARM PONDS: The Commission may waive any of
the requirements of Section 18 (Earth Materials Operations) and Section 12 (Special Permits) with regard
to excavation activities in connection with a farm pond. The Commission shall consider, but is not limited
to, the following information in determining whether a waiver is appropriate:
18.3.1 If a permit for the pond activity has been approved by the Lyme Inland Wetlands and
Watercourses Agency in accordance with that Agency’s Regulations.
18.3.2 The aggregate quantity of material to be moved and its disposition, whether within the
property or off-site, shall be the minimum necessary for the farming operation.
18.3.3 If the pond and related activities are in compliance with Section 22a-40 of the Connecticut
General Statutes, as amended, wherein: a farm pond of three acres or less is essential to the
farming operation; and shall not include the mining of top soil, peat, sand, gravel or similar
material from wetlands or watercourses for the purposes of sale.
18.3.4 The nature and details of the existing or proposed farming operation.
18.3.5 The time frame for the proposed activity including: the rate of excavation and removal of
material.
18.3.6 The health, safety, welfare and property values of residents of the Town of Lyme.
18.3.7 The applicant for any consideration of a waiver hereunder shall notify each adjacent and
abutting property owner, by certified mail, return receipt requested, of his proposal including the
date and place at which the Commission will review the application. Such notice shall be given
at least ten days prior to the scheduled meeting.
18.4 PRE-EXISTING OPERATIONS
Operations involving earth material removal in existence on or before April 10, 1991 (“Pre-existing
Operations”) may continue without a permit, but subject to the provisions of Zoning Regulations and
provided there is no enlargement or extension of the earth material removal operation except as allowed by
law. A permit in accordance with the provisions of this Regulation shall be obtained by any preexisting
operation prior to any enlargement or extension of its earth material removal operation.
18.5 APPLICABILITY
Subject to the provisions of Section 12 regarding issuance of the Special Permit, and subject to the
conditions stated below, the Commission may grant a Special Permit in any district other than the
Conservation District for the removal or excavation of sand, gravel, clay, peat, loam or topsoil after receipt
by the applicant of any permits required by the Lyme Inland Wetlands Commission, or any driveway
permits required by the Town of Lyme, the State of Connecticut or any other applicable governmental
agency, and subject to the requirements of Sections 18 and all its subparts.
18.6 PLAN REQUIREMENTS
As part of the application for a Special Permit from the Commission, the applicant shall submit a site plan in
accordance with Section 11and below, which plan shall also meet the requirements for a Special Permit set
forth in Section 12 and below:
18.6.1 Location of the premises, the names and address of the applicant, the names and address of
abutting landowners.
18.6.2 Grading plan showing existing contours in the area to be excavated and proposed contours
for the area after operation. Such plans shall include the area to be excavated as well as the
surrounding area within 50 feet of the excavation, or within 100 feet of abutting properties,
whichever is greater, and shall be drawn at a scale not to exceed 100’ to the inch and with
contours shown at intervals of not more than two (2) feet. No finished slopes or banks should
exceed one (1) foot of vertical rise to three (3) feet of horizontal run.
18.6.3 Existing and proposed drainage of the site and details of plans for sedimentation control and
for the prevention of soil erosion during and at the completion of the operation.
18.6.4 Proposed truck access from the excavation to government or public roads or highways and
all other roadways within the site.
18.6.5 The location and type of any buildings or machinery to be installed.
18.6.6 Details of the final grading and planting of the site to prevent erosion of the site at the
conclusion of the operations.
18.6.7 An estimate of the number and types of trucks and equipment on site, together with their
maximum loading capacity, and other machinery to be used on the site
18.6.8 An estimate of the amount of yards of material to be removed from the site, the rate of
removal and an estimate of traffic volume, including a description of number and type of truck
that will be leaving the site.
18.6.9 The plan shall provide for a fence or embankment for the protection and safety of vehicular
and pedestrian traffic and a reasonable means of screening the excavation from the view of
highway traffic and surrounding homeowners.
18.6.10 The hours and days of the week proposed for operations at the site, and the estimated
starting and completion dates for the excavation.
18.7 CONDITIONS
In addition to all Special Permit requirements in Section 12, the following conditions must be met for all
earth removal operations.
18.7.1 Insurance: No permit shall be issued until the applicant has filed with the commission a
certificate evidencing that the applicant has obtained a policy of liability insurance, in which the
Town of Lyme shall be named insured, with a limit of not less than one million ($1,000,000.00.)
Dollars as to personal injury, including death, and two hundred fifty thousand ($250,000.)
Dollars as to property damage, covering all operations to be conducted pursuant to the permit.
In the event of cancellation of such insurance, the permit shall terminate.
18.7.2 If the Planning and Zoning Commission determines that the permittee has deviated from the
plans in such a way as to cause a substantial material violation of the permit, the Planning and
Zoning Commission shall have the right, upon notice and hearing, to revoke the permit. Upon
revocation of the permit, all operations shall cease.
18.7.3 The applicant shall post a letter of credit or a bond with the Town Treasurer sufficient to cover
the costs of any required access, drainage, or safety improvements, the cost of regrading
disturbed areas, covering with topsoil and seeding, and generally to conform with the provisions
of the permit issued herein. The Applicant shall present an estimate of such costs prepared by
a registered professional engineer, and the Commission shall determine the amount of the bond
or the letter of credit. The bond or the letter of credit shall be in a form approved by the
Planning and Zoning Commission and from an institution acceptable to the Planning and Zoning
Commission. The bond or letter of credit shall remain in effect through the period of the permit
and any subsequent renewal, plus one year. The town may require, at reasonable times
throughout the life of the permit, proof of a continued validity and enforceability as well as
amount, of said letter of credit or bond. Failure of the permittee to produce evidence that the
bond or letter of credit is in effect for the amount required shall be grounds for revocation of the
permit. The Commission may reduce the letter of credit or bond requirements as portions of the
work are completed.
18.7.4 The amount of the letter of credit shall be determined based upon the
particular facts of each application.
18.7.5 No earth material removal operation, nor any component thereof, shall take place within 500
feet of any property line of a lot situated outside the applicant’s property containing a dwelling
which is occupied or fit for occupancy unless the landowner shall have consented to such
excavation or removal of material by instrument recorded in the Office of the Town Clerk. No
such operation shall take place within 200 feet of any state highway or town road. No earth
material operations shall take place within any wetlands regulated area unless a permit from the
Lyme Inland Wetlands Commission has been obtained.
18.7.6 No building except a field office or temporary shelter for machinery shall be erected on the
premises.
18.7.7 At all stages of the operation proper drainage shall be provided to prevent the collection and
stagnation of water and to prevent erosion or siltation into wetlands regulated areas.
18.7.8 During the period of filling, removal, or excavation barricades or fences shall be erected as
are deemed necessary by the Commission for the protection of the public. At no time shall an
overhang be permitted.
18.7.9 Truck access to earth material operations shall be so arranged as to minimize danger to traffic
and nuisance to surrounding properties. Safety of truck access and adequacy of site lines,
given speed limits involved, shall be certified by a traffic engineer. That portion of access road
within the area of operation shall be treated to minimize dust.
18.7.10 Proper measures shall be taken to minimize the nuisance of noise and flying dust or rock.
Such measures may include limitations upon the stockpiling of excavated materials on the site.
18.7.11 The quarrying of bedrock and any washing or crushing of any materials shall be prohibited in
the Town of Lyme.
18.7.12 Screening may be conducted upon the premises provided such
operations are located at least 800 feet from any property or street line.
18.7.13 Overburden shall be stockpiled in rows or concentrated piles and
stabilized in an acceptable manner so that it does not become a source of dust beyond the
applicant’s property.
18.7.14 There shall be no excavation and/or removal between 5 p.m. and 7 a.m.
nor on Saturdays or Sundays, except with the specific approval of the Commission. This
restriction does not apply, as determined by the Town First Selectman, in a snow, flood, or other
natural state of emergency.
18.7.15 At no time may the disturbed area of filling, removal or excavation
operations exceed five (5) acres in extent not including any access
roadway.
18.7.16 Upon completion of the authorized work, the area of excavated or
otherwise disturbed ground shall be prepared or restored as follows:
a. Adequate drainways of gradual slope shall be provided to assure drainage;
b. All debris and all loose boulders shall be buried or removed from the lot, said
material shall be compacted to minimize settling; or other method acceptable to the
Commission; and
c. The top layer of any arable soil, to a depth of not less than four (4) inches, shall be
retained in the lot and spread over the entire disturbed area with any large stones removed, and
the area shall then be seeded with a perennial cover crop and maintained until the ground shall
be completely stabilized with a dense cover of grass or functional equivalent and there exists no
danger of erosion, but this provision shall not apply to the areas of ponds nor to exposed areas
of ledge existing prior to the work. The disturbed area shall be graded to a slope no steeper
than one (1) foot of vertical rise and three (3) feet of horizontal distance, except in ledge rock.
18.7.17 Periodic reports prepared and certified by a Professional Engineer licensed in the State of
Connecticut shall be submitted showing the status and progress of the work or operation, as
specified by the Commission, including but not limited to cross sections determining the volume
of material removed, the cost of which shall be borne by the applicant.
18.7.18 The Commission or its authorized agents shall, at all times, have access to the premises for
the purpose of inspection and determination of compliance with the section.
18.8 LIMITATIONS
The permit issued under these regulations shall not be deemed to authorize the use of the site as a
transfer or storage area for earth materials obtained from off the premises. No earth materials of any kind
may be hauled or brought onto a site where a permit has been granted under these regulations unless
specifically authorized by the Commission. No more than 40,000 cubic yards of earth products shall be
removed from the property and no more than 20,000 cubic yards shall be removed in any one year,
measured from the date of commencement of removal activity.
18.9 WAIVER
The Commission may waive all or part of the site plan requirements of these Regulations as they apply
herein and any other required information where, in its opinion, such information is unnecessary because
of the small size of the operation, or if the health, safety, and public welfare will not be adversely affected.
18.10 APPLICATION AND FEE
Application for a permit to conduct an earth material operation shall be made to the Commission by the
property owner or his authorized agent on forms available at the office of the Commission. Such
application shall be accompanied by a fee payable to the Town of Lyme. All applications to conduct an
earth material operation require a Special Permit in accordance with Section 12.
18.11 RENEWALS AND EXPIRATIONS
Any permit issued under this section shall expire two (2) years from the date of issuance unless renewed
by the Commission. The Commission shall not renew or extend any permit unless the operator is able to
show that the excavation already completed conforms with the plan of operations as approved. Any
renewal application shall be filed at least 135 days before expiration of the existing permit. If a permit is
allowed to expire a new application for a new permit must be made. A request for a renewal permit,
complete with fee, shall be filed and acted upon in accordance with Sections 18.10 of these Regulations.
Any application for a renewal permit will be governed by the substantive considerations set out in Section
12 and Section 18 of these Regulations. Substantive violation of the conditions of approval and of these
Regulations is cause for non-renewal of a permit.
SECTION 19
WATERSHED OVERLAY DISTRICT
EIGHTMILE WATERSHED OVERLAY DISTRICT
19.1 PURPOSE AND INTENT
The purpose of the Eightmile Watershed Overlay District is to protect and enhance the functions and values of the
riparian and wetlands features of the Eightmile River Watershed, as identified in the Eightmile River Wild and Scenic
River Management Study, completed in December 2005, These features are a key component of the largely intact
watersheds and natural character of Lyme. In order to preserve a fully-functioning aquatic system in the Eightmile
River Watershed and to prevent damage to the critical buffer area around its water bodies, the Eightmile Watershed
Overlay District is hereby established.
Within the Eightmile Watershed Overlay District, it is intended that there shall be a continuous buffer consisting of a
predominately forested condition that is native to the region and appropriate to the environment in which they are to
be planted or retained. Protection of a vegetated buffer around watercourses is crucial for public health, safety, and
welfare because the buffer regulates water flow, preserves diversity and abundance of wildlife species and habitat,
protects water quality, and maintains important cultural and historical features of the Town.
Specifically, the required buffer functions to regulate water flow by promoting water infiltration and groundwater
recharge, and by reducing streambed scour. The buffer preserves wildlife by providing a unique habitat such as
course woody debris that supports a diverse species assemblage and provides an effective travel corridor for
terrestrial wildlife. The buffer filters and moderates stream flow and keeps temperatures low, improving habitat for fish
and other aquatic organisms. The buffer protects water quality by reducing sedimentation, and by filtering out
pesticides, heavy metals, and biocontaminants; The buffer removes excess nutrients that lead to eutrophication,
including nitrogen and phosphorus; It prevents erosion through bank stabilization by vegetation. Further the buffer
provides a screen that protects privacy of riverfront landowners and enhances landscape diversity resulting in
improved aesthetics.
19.2 BOUNDARIES
The Eightmile Watershed Overlay District, here and after referred to as the District, applies to the Eightmile River and
all perennial streams in the Eightmile River Watershed and the area landward and horizontal from the stream edge of
those streams defined by the official Eightmile Watershed Overlay District Map, for a distance of 50 feet for smaller
headwater streams and 100 feet for larger streams as marked on said map. A stream edge is defined as the
ordinary high water mark, typically identified by vegetation or soil types that are distinct from the upland area. The
District area does not encompass wetlands or vernal pools, or Hamburg Cove as defined by the Eightmile River main
stem from the Connecticut River to the south edge of the Joshuatown Road bridge. The foregoing shall not be
deemed to exclude Falls Brook or other mapped streams that enter Hamburg Cove South of the Joshuatown Road
Bridge.
19.3 ACTIVITIES WITHIN THE DISTRICT
19.3.1 PROHIBITED ACTIVITIES All Land-Disturbing Activity not specifically allowed as exceptions in subsection
(19.3.3) below within the District established in Section 19.2 are prohibited by the Planning and Zoning Commission,
except in conformance with these Regulations. Land Disturbing Activity shall include any activity which involves the
alteration of the surface of the earth as it existed on the effective date of these Regulations, including but not limited
to; filling, removal, or re-grading of earth; placement, construction, removal, or alteration of building or structures;
establishment, removal, or alteration of uses of land; removal of vegetation or planting of invasive plants.; but not
including those activities listed as exceptions in subsection 19.3.3 below. Except for the permitted activities listed
below in Section 19.33,19.4 and section 19.5, the Planning and Zoning Commission shall presume that such activity
will have either individual or cumulative negative impacts on the purposes of the District , unless upon presentation of
clear and convincing evidence by the applicant, the Commission finds that there is no reasonably available alternative
with less adverse impact on buffer functions, and that the project as proposed will have no individual or cumulative
negative impact on those functions.
19.3.2 VEGETATION COVERAGE: Within the District, wherever possible, not less
than 90 percent of the total surface area shall be covered with live vegetation. Diversity
of vegetation and forest stages is encouraged, including a mix of trees, shrubs
and herbaceous vegetation not having invasive characteristics (as defined by
the most recent version of the Connecticut Invasive Plant List (as authorized by CT
Public Act 03-136). The list can be obtained from the Land Use Office). A variety of
plant types is more effective at capturing a wide range of pollutants than a single
vegetation type. In general, where suitable vegetation existed within the District before the effective date of this
amendment, vegetation is to be left in a natural state.
19.3.3 EXCEPTIONS: Permitted activities. The following activities and/or uses are permitted as-of-right within the
District:
a. Existing Activities: Existing structures or continuing activities, such as agriculture, that were legally and
actively in existence before the effective date of this regulation.
b. Granted Permits: The building of new structures, modification of existing structures, or commencement of
activities that have been granted all applicable permits before the effective date of this regulation.
c. Vegetation management: In general, vegetation is to be left in a natural state wherever it existed within the
District before the effective date of this amendment. The exceptions to this requirement are as follows:
1. Mowing and maintenance of lawns, gardens, meadows, fields and pastures, agricultural and wildlife
plantings that are active and legally pre-existed this regulation. Periodic maintenance of such
meadows containing growth for which all growth is less than 1” diameter. It is recommended that
vegetation be left to grow naturally within a 25’ buffer of the stream for these meadows.
2. Continuation, but not expansion of, pre-existing and active farming practices.
3. Removal or pruning of dead, dying, diseased, or invasive plants. Leaving some downed and
standing woody debris is also preferable in order to provide a greater variety of wildlife habitat
unless the spread of plant diseases is a concern.
4. Firewood cutting under one cord per acre that does not alter the vegetation composition and
character.
d. Construction of one new and/or maintenance of existing unpaved footpaths associated with a residential use
not more than five feet in width for the purposes of non-motorized access, excluding use for horseback riding
(see section 19.4.1.f). . In order to prevent erosion and the creation of a channel of surface runoff, the path
cannot create a straight line of sight from the outer boundary of the District to the watercourse. The property
owner must use suitable erosion control measures to prevent erosion on slopes. Additional footpaths
associated with agricultural or recreational use outside the residential area (as defined by the minimum lot
size for the applicable zone) are permitted if the aforementioned conditions are followed.
e. Emergency operations necessary for public safety or protection of property
f. State and municipal utility improvements and operations for which activity within the Eightmile River
Watershed Overlay District is unavoidable and necessary. This includes activities such as the replacement,
rehabilitation, or creation of infrastructure such as sewer, water, and power lines, bridges, highway
maintenance, drainage facilities. Any activity within the District may be undertaken only if there is no practical
and feasible alternative for provision of these services, and only if all measures will be taken to minimize any
adverse impacts to natural features and the functions of the watershed. These activities are subject to all
other applicable regulations.
g. Surveying and boundary posting for the purpose of marking boundary lines, subject to any other applicable
regulation
h. Septic system maintenance or replacement such as pumping and inspections or repair as directed by the
local health official / town sanitarian. See section 19.5.1.g for expansion of systems for new structures or
additions to structures.
i. Fish and wildlife conservation activities that do not require removal of native vegetation or alteration of stream
beds, banks or overlay areas.
j. Restorative activities in areas where a diverse natural buffer does not exist, landowners may (and are
encouraged to) create, enhance, or restore native vegetation appropriate to the water resource being
buffered. Replanting with native trees or shrubs is encouraged if natural regeneration is not sufficient to
restore vegetative cover. A list of suggested native plants for riparian buffers can be found in Appendix [X].
k. Removal of non-native invasive species and replacement by native vegetation. Invasive plants are those
listed on the most recent version of the Connecticut Invasive Plant List (as authorized by CT Public
Act 03-136). A list of invasive species is maintained on the Connecticut Invasive Plants Council’s
“Connecticut Invasive Plants List” available at the Town Hall.
19.4
ACTIVITIES REQUIRING ZONING PERMIT:
19.4.1 Activities listed below are allowed only by zoning commission permit as described in this regulation.
a. New or expansion of existing agricultural activities excluding forestry practices (see 19.4.1.b) under the
following conditions: following current best management practices for erosion control, fertilizer and pesticide
application and run-off prevention; disturbance which does not exceed in size 10% of the total area of the
portion of the lot that falls within the District; providing not less than 25’ of natural and/or undisturbed
vegetative buffer between the agricultural activity and the stream edge. Permits for this activity must be
granted by the Zoning Commission, not its agent .
b. Conservation & wildlife activities not previously exempted and non-commercial and commercial forestry
practices with the following conditions:
1. Forest harvest practices must allow for and enhance regeneration of a
predominately woody state. All activities must account for restoration and
enhancement of natural ecosystems and wildlife habitat;
2. must leave full and natural tree canopy over the watercourse;
3. Shall not remove more than 25% tree canopy within the overlay zone at
any given time and shall not remove more than 25% of standing trees within
any given size category within any 1-acre area; with the exception of wildlife
clearings described below
4. Must not create clearings within the District for any purpose other than
Conservation Activities. Such clearings may not be wider than 80 feet in
diameter.
5. Shall not occur within a 25’ buffer of the watercourse and shall maintain at a
minimum 75% canopy cover for the District at all times.
6. Shall follow DEP BMP forestry practices book [title here] for all forestry
practices including stream crossings.
7. Shall follow a written plan approved by the commission or its appointed
representative;
8. Must not have an Individual or Cumulative Negative Effect.
Commercial activities would be carried out under the supervision of a licensed professional
forester, forest ecologist, or wildlife biologist in accordance with a written forest and/or wildlife
management plan that addresses such issues as the location and construction of logging
roads, wetland crossings, equipment use, forest regeneration and wildlife habitat. The forest
management plan should provide for maintaining a healthy forest understory and succession to
a natural wooded or other permitted state in the District.
c.
Clearing or maintenance of existing or abandoned woods roads for the purposes of habitat management,
firewood cutting, agricultural or timber access or other access needs under the following conditions: follow
current best management practices for erosion control.
d. Building of fences outside a 25’ buffer of a stream. Fences must not block or impair the movement of wildlife
or water within the District.
e. Other land disturbing activities occurring outside of a 25’ buffer of the stream and resulting in less than 100
square feet of land disturbing activity in total and have no individual or cumulative negative impact on the
purposes of the District.
f.
Construction of unpaved paths and trails for the purposes of horseback riding, or other non-motorized access
not included in section 19.3.3.d Paths must not be more than five feet in width; In order to prevent erosion
and the creation of a channel of surface runoff, the path cannot create a straight line of sight from the outer
boundary of the District to the water resource. The property owner must use suitable erosion control
measures to prevent erosion on slopes. See section 19.4.1.g for stream crossing guidelines.
g. Construction of new and/or maintenance of existing stream crossings not requiring structures or land
disturbing activities of any kind, for the purposes of equestrian trails, recreation and non-motorized property
access or for infrequent and/or intermittent motorized access for the purposes of property maintenance or
other non-commercial activities. Maintenance activities must not result in change to character or structure of
the stream crossing. In general, stream crossings at grade are discouraged. Within reason, crossings must
be implemented at a point in the stream with relatively narrow streambed and flat approach from the bank.
Reinforcement of the bank and streamside with areas is encouraged and may be required if conditions
warrant. Loose stone or other materials may not be placed in the stream without a plan from an engineer,
hydrologist, or other approved expert. Stream crossings may not block natural connectivity of aquatic or
terrestrial life including but not limited to fish passage and may not alter or cause to be altered the stream
width or flow type. Temporary stream crossings requiring structures and or/mechanized crossing for
commercial forestry practices may be permitted by the zoning commission or its designee under the following
condition: temporary crossings must follow the CT DEP publication “Best Management Practices for water
quality while harvesting forest products” 2007 Connecticut field guide” Chapter 5 Stream Crossings. All
materials used for stream crossings must be removed and the stream bank restored after forestry operations
are complete.
19.4.2 Zoning Commission Permit Process
a. Application for permits: The applicant shall include at a minimum a written description of the site including
slope, current vegetation coverage, current use, and proposed activity as well as any other relevant features
and such additional documentation as deemed necessary by the Zoning Enforcement Officer or the
Commission.
b. Application fee: Each application for a zoning permit shall be accompanied by a fee payable to the Town of
Lyme in accordance with the schedule adopted by the Commission.
c. Approval of Permits: Zoning permits under this section 19.4 shall be granted by the Zoning Commission or its
Agent unless otherwise expressly defined.
19.4.3 Specific Standards for Zoning Permit in the District. The Commission shall issue a zoning permit only for
activities as described above in section 19.4.1 which shall have no individual or cumulative negative impacts
on the purposes of the District. (See Section 19.1). The commission shall instead require a special permit
as described in 19.5 below if the application proposes excavation, the building of structures or the installation
of any impervious surface. Also, the commission may require a special permit for any of the activities listed
above in section 19.4.1 if the commission finds that the circumstances of the application (such as soil type or
slope, past disturbance in the area, other recent permits or activities within the same area of the District or
any other circumstance) warrant a special permit application.
15.5 ACTIVITIES PERMITTED BY SPECIAL PERMIT:
19.5.1 Activities listed below are allowed only by special permit. When the special permit results in land disturbing
activities, the Commission may require an expansion of the buffer in an alternate location to compensate for
the loss of buffered area due to the disruption.
a. Lot size or configuration: If the size of a lot is such that adherence to the buffer requirement prevents the
placement, expansion, or alteration of a structure in compliance with all other zoning regulations, owners may
request a special permit to encroach in the District. Every reasonable effort must be made to minimize
impacts on the functions of the buffer and the watershed. A permit will be granted only for the minimum
encroachment necessary. Where a lot is located entirely within the overlay area, the Commission may permit
activities within the buffer when the applicant has demonstrated that the proposed work has been designed to
minimize impacts on the Purposes of this regulation. Additional land disturbing activities for lawns or other
landscaping shall not be allowed unless they are consistent with the Purposes of this regulation.
b. Construction of accessory structures and accessory uses associated with lawfully existing single family
houses where the Planning and Zoning Commission finds that alternatives outside the District do not better
serve the Purposes of this regulation, that the size and impacts of the proposed structure or use have been
minimized, and that the structure/use is located as far from the resource as possible. The Commission
reserves the right to deny a permit if the activity does not meet the standards outlined in section 19.5.3. As
mitigation, the Commission may require that the applicant plant or maintain a naturally vegetated buffer of the
maximum feasible width given the size, topography and configuration of the lot.
c. Structures used for shoreline access (docks, stairs, etc.) may be built after granting of a special permit. The
permit application must demonstrate that the construction and installation of the proposed structure does not
contribute to flow alteration, channel modification, or create any other deleterious effects on the watercourse
within the overlay zone.
d. Construction of new utility lines where the proposed route is the best feasible alternative when considered
against the Purposes of this regulation.
e. Alteration of an existing activity located within an overlay area that is already altered such that the setback
area cannot be provided without removal of pre-existing structures and/or pavement, provided that the
proposed alteration will not increase adverse impacts on the specific portion of the overlay area and the
applicant can demonstrate to the satisfaction of the Commission that there exists no feasible construction
alternative.
f. Construction of new and/or maintenance of existing stream crossings requiring structures or Land Disturbing
Activities or for crossing of vehicles or equipment of any kind for the purposes of recreation, property
access, agriculture or other uses with the exception of commercial forestry operations following CT DEP
guidelines (see section 19.4.1.h). Permanent crossings must follow the “Massachusetts River and Stream
Crossing Standards: Technical Guidelines” or such replacement standards as may be adopted by this
commission. Temporary crossings must follow the CT DEP publication “Best Management Practices, or
such replacement standards as may be adopted by this commission, for water quality while harvesting
forest products” 2007 Connecticut field guide Chapter 5 Stream Crossings. The commission may use its
discretion as to the requirement of “General” versus “Optimum” standards as defined by the
Massachusetts River and Stream Crossing Standards document using the application guidelines within
said document as a general guide. Stream crossings may not block natural connectivity of aquatic or
terrestrial life including but not limited to fish passage.
g. Septic system expansion or replacement as a result of new structures or additions to existing structures.
19.5.2 Special Permit Process
a. Application for permits: The applicant shall submit a Site Plan, as defined in Section 2.54 of these Zoning
Regulations, and provide documentation demonstrating the need for a special permit, the efforts made to
minimize disturbance to the functions of the buffer and water resources, or other documentation that may be
reasonably requested by the Zoning Enforcement Officer or the Commission. Applicants should look at the
criteria for consideration of waiver of Site Plan requirements (Section 11.2.3) if they believe the impacts will
be insignificant when measured by the standards of this regulation. Such waiver shall only be granted if the
Commission determines the impacts are insignificant when measured by the standards of this regulation.
b. Application fee: Each application for a special permit to be considered by the Zoning Enforcement Officer or
the Commission shall be accompanied by a fee payable to the Town of Lyme in accordance with the schedule
adopted by the Commission.
19.5.3 Specific Standards for Special Permit in the District: The Commission shall consider the following standards
when reviewing an application for a Special Permit within the District:
a. that the permitted activity is compatible with the purposes of the District,
b. that the activity shall have no Individual Or Cumulative Negative Effect on the purpose of the overlay district
(See Section 19.1), the Plan of Conservation & Development, and the health, safety and welfare of the public.
c.
Whether strict application of the Watershed Overlay District regulations would deny the applicant reasonable
use of the property, or whether the regulations would render the property unusable or unsuitable for
development.
d. Whether there is a feasibly or prudent alternative through plan modification that will lessen the impacts and
protect the buffer as intended in these regulations. That the relief granted is the minimum necessary and does
not conflict with other municipal, state, or federal regulations.
19.5.4 Special Approval for Conservation Purposes. The Commission may waive the requirements of Section 19.5.1
a. and b. within the Eightmile River Watershed Overlay District where an application meets the requirements set forth
below and where, in the judgment of the Commission in looking at the context of present and potential development of
a property as a whole (including the application before the Commission), the overall protection afforded to the
Eightmile River watershed and other important conservation resources significantly exceeds protections provided by
strict application of Section 19.5.
a. Standards for waiver of the requirements of Section 19.5.1 a. and b.
i
The minimum contiguous acreage required for an applicant to utilize this subsection 19.5.4 shall be
fifty (50) acres. The acreage shall be considered contiguous even if it is separated by a public road.
ii. The minimum area dedicated for Open Space purposes shall equal or exceed sixty six percent (66%)
of the entire parcel in question.
iii. There shall be at least three hundred (300) feet of undisturbed area between Land Disturbing
Activities within the Eightmile River Overlay District.
iv. The Land Disturbing Activity within the Eightmile River Overlay District shall not cause any
measurable increase in storm water runoff into the Eightmile River or a perennial stream within the
District.
v. Additional Land Disturbing Activities for lawns or other landscaping associated with the structures or
improvements shall be limited to the minimum area reasonably necessary for the approved structures
and improvements and the remaining area within the Eightmile River Overlay District shall remain in a
natural state consistent with the Purpose of this Section 19.
vi. The area dedicated for Open Space and the subdivision design as a whole provides substantial
additional protection of and benefit to:
(A) the ecological integrity of watersheds, wetlands, and watercourses in the Eightmile River
watershed, including without limitation (i) – (iv) above, and
(B) one or more other important natural resources outside of the Eightmile River Overlay District,
such as agricultural and forest resources, prominent geological features, scenic views from public
spaces, the ecological integrity of other watersheds, wetlands and watercourses, and wildlife
habitat.
vii. The area dedicated for Open Space purposes provides a significant ecological connection between or
buffer to existing protected open space properties or property identified for Open Space protection in
the future in the current Town Plan of Conservation and Development.
b. Notwithstanding the foregoing, Land Disturbing Activities approved under this Section 19.5.4 shall not:
c.
i.
encroach on any slope above the Eightmile River or any perennial streams in the Eightmile River
Watershed defined by the official Eightmile Watershed Overlay District Map in excess of 5%; and
ii.
encroach within fifty (50) feet of the Eightmile River or any perennial streams in the Eightmile River
Watershed defined by the official Eightmile Watershed Overlay District Map.
All other related Land Disturbing Activities shall conform to the standards and requirements of Section 19.
For the purposes of this Section 19.5.4 “Open Space” means: (i) land protected in a relatively natural state by
conveyance of land or grant of a perpetual Conservation Restriction to a land trust or other conservation
organization qualified as a charitable organization under §501(c)(3) of the Internal Revenue Code, or
governmental entity, or (ii) land conveyed outright to one of the foregoing entities for conservation purposes.
Land voluntarily dedicated as perpetually protected open space by gift or bargain sale of the applicant or its family
prior to the filing of the application may be counted toward the 66% minimum, provided that no portion of the
proposed open space has been previously counted as open space for another development approval.
19.6 OVERLAPPING REGULATIONS
The Eightmile Watershed Overlay District requirements are in addition to the requirements of other overlapping zoning
districts, and of federal, state, or municipally regulated areas. In all cases the more restrictive regulation will take
precedence. Compliance with Section 19 does not replace any obligation of the applicant to have a determination
made by the Lyme Inland Wetlands and Watercourses Commission or any other regulatory agency as to whether
addition review and permits are necessary.
19.7 Severability
Should any section, subsection, or provision of this amendment be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the amendment in whole or any part thereof other than the part so
declared to be invalid.
SECTION 20
DETERMINATION OF NET BUILDABLE LOT AREA
20.1 Buildable Area, as defined in Section 2.41 of these Regulations, shall be determined by excluding all
required front, side and rear yard area and then applying the percentage allowances indicated below to
those portions of the lot which exhibit the following natural resource characteristics:
Natural Resource
Characteristics
1.
Percentage
Allowance
Soils classified by the U.S. Soil Conservation service, USDA,
or other authority as determined by the Commission, as
having:
a. Slight limitations for on-site sewage disposal
b. Moderate limitations for on-site sewage disposal
c. Severe limitations for on-site sewage disposal
@ 100%
@ 75%
@ 50%
Note: Complex soils and soils not classified by the U.S. Soil Conservation Service will be considered
severe unless evidence to the contrary is presented to and accepted by the Commission.
2.
3.
4.
Any inland wetland, tidal wetland or watercourse and
the 100 foot setback area that surrounds any inland
wetland, tidal wetland or watercourse.
@
Flood Hazard Areas as delineated for HUD flood
Insurance purposes by the Town of Lyme
@ 25%
Exposed ledge
@
0%
0%
Note: Examples of Determination of Net Buildable Lot Area are provided in Appendix E.
20.2 EXCEPTION TO NET BUILDABLE LOT AREA REQUIREMENTS
The Commission may approve a new lot which does not meet all of the criteria in section 20.1 for net
buildable lot area if the Commission determines that there is a suitable existing area on the proposed lot
with soils and other conditions which will permit the construction of an onsite non-engineered subsurface
sewage disposal system and reserve area; and if the Commission further finds that there is adequate
additional area within the lot for construction of a dwelling and access without extensive grading or filling.
SECTION 21
PARKING, ACCESS AND CIRCULATION
21.1 PARKING FACILITIES REQUIRED
Off-street parking space shall be provided for the total of all uses on the premises, adequate in size, layout
and design to facilitate the free flow of traffic and the safe ingress and egress from the property. The
number of parking spaces shall be sufficient to accommodate the motor vehicles of all occupants,
employees, customers and other persons normally visiting such premises at any one time.
21.2 LOCATION OF REQUIRED PARKING FACILITIES
Required parking facilities shall be located on the same lot as the building or other use which they serve,
except that the Planning and Zoning Commission may approve required parking facilities on another
property within a radius of not more than 200 feet from such building or use, measured from the use or
structure to the nearest off-site space for vehicular parking.
21.3 SHARED PARKING
Joint parking areas may be established by the owners of adjacent lots in order to provide the total number
of off-street parking spaces required for each lot, when the owners show that mutual access to such
spaces is assured in writing for the duration of the uses for which the spaces are required. The
Commission may authorize a particular number of parking spaces on a lot to be counted for compliance
with the required number of spaces for more than one use on the lot, or on another lot when the
Commission determines that such spaces will be occupied by cars of persons using or visiting two or more
such uses on the same trip to the parking space, and/or such spaces will serve uses having substantially
different hours or days of operation.
21.4 PARKING SPACE REQUIREMENTS
Required parking facilities shall contain not less than the minimum areas set forth below, exclusive of
driveways, aisles, pedestrian ways and landscaping. Indoor parking may be included in the required area.
For single family dwellings, the driveway may be included in the required area. For purposes of this
Regulation, 200 square feet shall be the equivalent of one parking space, exclusive of access aisles,
pedestrian walkways and landscaped areas.
21.4.1 For dwellings 400 square feet for each family unit.
21.4.2 For office and for permitted home occupations, an area equal to twice the floor area used for
such purpose.
21.4.3 For financial institutions, retail stores, personal service shops and similar business buildings,
an area equal to three times the floor area used for business, excluding storage.
21.4.4. For churches, theaters, assembly halls, 200 square feet for every three seats.
21.4.5 For restaurants, an area equal to 200 square feet for every three seats.
21.4.6 For places of public assembly or public recreation not otherwise listed, 200 square feet for
every three legal occupants.
21.4.8 For marinas and similar docking facilities, 200 square feet for every two mooring spaces. This
area shall not be used for storage of boat trailers during the boating season. In addition, there
shall be 200 square feet of parking area for every two boats for which storage space is
provided. With the approval of the Commission, a portion of the parking area may be used for
winter boat and boat trailer storage as long as adequate parking remains for winter use of the
property.
21.5 PARKING LAYOUT
All off-street parking areas with more than five spaces shall include parking stalls of suitable angle, width
and length, with access aisles of sufficient width and suitable alignment to such stalls as to allow safe and
convenient use of each parking space. Safe pedestrian circulation shall also be provided. Suitable
markings, curbs, end islands, landscaping, fences or other devices may be required to encourage proper
and efficient use of each area.
21.5.1 A parking space for a one passenger automobile shall have a minimum width of 10 feet and a
minimum length of 20 feet, exclusive of access to the space.
21.5.2 An off-street truck loading space shall have a minimum width of ten feet, a minimum length of
25 feet, and a minimum clear height of 14 feet excluding its access from the street.
21.5.3 For all non-residential uses, the Commission may require a landscaped buffer surrounding
the parking area, and/or landscaping within the parking area, to define traffic flow, mitigate the
impact of large areas of paved impervious surface on water quality, and assure that the
development is in character with the neighborhood.
21.5.4 When more than five spaces are required, a map of said parking shall be submitted as part of
a zoning permit application. The map shall include boundary screening and landscaping,
landscaped islands, parking sites, traffic circulation patterns, loading areas, storm drainage
facilities and traffic access, including driveways.
21.6 SURFACING
Parking areas and off-street loading surfaces shall have adequate storm water drainage and all-weather
surfacing, capable of allowing free and safe movement of all vehicles customarily using the facility. Such
facilities shall be maintained in good condition by the owner.
SECTION 22
SIGNS
22.1 GENERAL
No sign shall be established, constructed, reconstructed, enlarged, extended, moved, structurally altered
unless and until a Sign Permit therefore shall have been issued.
22.2
DEFINITIONS
a. Sign - any display of lettering, logos, colors, lights, luminous tubes or other graphic
representation visible to the public from outside the property and which intends to draw the
public’s attention thereby; including sign, illustration, insignia, lettering, picture, display, banner,
pennant, flag, painting or other device.
b. Freestanding sign – a self supporting sign not attached to other structure, wall or fence and in a
fixed location.
c. Illuminated sign – any sign which is artificially illuminated, either externally or internally.
d. Projecting sign - a sign which is attached to a wall or a building in such a manner that its leading
edge extends more than six inches beyond the surface to which it is attached.
e. Temporary sign - any sign which is not permanently affixed to a structure or ground and is
intended to be displayed for a limited period of time.
f.
Billboard - a freestanding sign larger than 20 square feet.
22.3 EXEMPT SIGNS: The following signs do not require a permit under this Section. Exempt signs are
subject to the limitations of Section 22.4 regarding prohibited signs.
a. Public signs - Signs of a non-commercial nature and in the public interest, required under State
or Federal law, authorized by a public officer such as: traffic signs, safety signs, directional signs,
memorial plaques, signs of historical nature and the like.
b. The flags, pennants or insignia of any nation, or non-profit organization, provided that they may be
subject to review by the Commission relative to public safety hazards.
c. Posting of No Trespassing and No Hunting Signs, Ownership Identification signs such as Land
Trust properties. These signs are exempt from the provisions prohibiting attachment to trees and
fences.
22.4 PROHIBITED SIGNS: The following signs are prohibited:
a. No sign shall be attached to a tree, fence or utility pole, or painted or drawn on a rock or other
natural features, or painted upon the wall or roof of a building.
b. No sign, including its support structure, shall protrude above the building peak or the maximum
prescribed building height.
c. Projecting sign – no sign shall project beyond any property line or intrude into yard setbacks,
excluding the following: projection up to 15 inches into a driveway or pedestrian way provided the
height exceeds ten feet and presents no hazard.
d. No sign shall have a pulsating, rotating or intermittent illuminating device and including moving
signs such as banners, streamers, ribbons, spinners, pennants, strings of lights; except
emergency lights.
e. Continuous strip lighting of structures.
f.
Any sign that presents a hazard to public health or safety.
g. Billboard, inflatable signs, “A-Frame” signs, and sandwich signs.
h. Any vehicle or trailer exhibiting any sign and parked in such a manner as to be an advertisement
device for products or activities related to the same or nearby property or premises. This section
is not intended to prohibit a normal form of signage or lettering attached to a bus or commercial
vehicle.
i.
Off-premises real estate signs are not permitted.
22.5 TEMPORARY SIGNS
No more than two temporary signs advertising special sales or events, not exceeding three square feet
each, may be displayed on the premises; temporary signs shall not be illuminated; temporary signs may be
attached to a window or placed so as to be seen primarily through a window subject to the restriction that
the combined area of such signs shall not exceed 40% of the window area and such signs shall not be in
place for more than 30 days. Temporary signs do not require a sign permit.
22.6 SIGNS IN RURAL DISTRICTS
The following signs are permitted in Residential Districts:
a. One sign not exceeding 3 square feet in area bearing the name and occupation of the occupant.
b. One sign not exceeding 3 square feet in area advertising the premises for sale or rent, or
advertising a construction or repairing operation being carried out on the premises, while such
sign is on display.
c. No sign shall be constructed, reconstructed, enlarged, extended, moved or structurally altered in
such a manner so as to move or rotate mechanically or be illuminated by a light source which
visibly flashes, oscillates or otherwise automatically changes in intensity or color, nor shall any
sign be permitted which calls the attention of the general public to any commercial activities,
services or products not available on the premises where the sign is located.
22.7 SIGN STANDARDS FOR COMMERCIAL AND WATERFRONT BUSINESS DISTRICTS
Sign illumination shall be floodlighting, or with luminous background silhouette signs with opaque letters.
Direct and intense or glaring light shall not be visible at streets, adjacent properties or public watercourses.
All sign lighting shall be directed downward and screened from neighboring properties. Illuminated signs
associated with a business establishment shall not be lit during the hours between 10:00 p.m. and 6:00
a.m. unless the establishment is legally open for business.
a. On any lot there may be only one freestanding sign and with a combined area not exceeding 20
square feet.
b. Any sign hanging from a wall of a building shall not exceed an area of 10 square feet.
c. The total area of signs attached to or hanging from any wall of a building shall not exceed 10% of
the area of such wall or 30 square feet, whichever is smaller.
d. All signs shall be maintained in a secure and safe condition. Any sign which is no longer
associated with a bona fide business or activity on the premises shall be removed.
e. Other provisions respecting signs may be imposed in connection with a “Special Permit” or the
approval of a development plan.
22.8 APPLICATIONS
Applications for sign permits shall be made to the Zoning Enforcement Officer and shall include the
following:
a. Name and address of the property owner and of the applicant.
b. Drawing to scale of the proposed sign showing its size, height, details of
construction, and location on the premises.
c. Drawing showing the location and size of existing signs on the same property.
SECTION 23
NONCONFORMITIES
23.1
CONTINUANCE OF NONCONFORMING USES
Any nonconforming use of land, a building, structure, or premises may be continued or changed,
and any nonconforming building or structure may be reconstructed and/or repaired, subject to the
following:
23.1.1 No nonconforming use may be changed to a different use, without the approval of the
Zoning Board of Appeals. Approval for a change to another nonconforming use shall not be
granted unless the Board finds (a) or that the new use will be less non-conforming than the
existing use; and that (b) the new use will be less intensive than the prior use “Less intensive
means that the new use will meet one of more the following criteria: total space occupied, hours
of operation, required parking, number of employees, impact on the surrounding area, and
impact on public health, safety and convenience.
23.1.2 No nonconforming use, if once changed into a conforming use, shall be changed back into a
nonconforming use.
23.1.3 No nonconforming use shall be extended or expanded.
23.1.4 No nonconforming use which has been abandoned for a period of one year shall be thereafter
resumed.
23.2 NON-CONFORMING BUILDINGS
23.2.1 No building or structure which does not conform to the requirements of these Regulations
regarding building height limit and required yards shall be extended or expanded unless such
extended or expanded portion conforms to the Regulations applying to the district in which it is
located.
23.2.2 No building or structure which is on a lot which does not conform to the requirements of
these Regulations regarding lot area, width of lot, percentage of lot coverage, or parking
facilities shall be extended or expanded.
23.2.3 If any nonconforming building or structure shall be destroyed by any means to an extent of
more than 75 percent of its fair market value, repairs or reconstruction shall be made only in
accordance with the Regulations for the district in which it is located. Where the cost of such
repairs or reconstruction is less than 75 percent of the fair market value of the building, it may
be restored and the nonconforming use continued, and further provided that such restoration is
started within a period of one year from the date of such destruction and is diligently prosecuted.
23.3
EXISTING NONCONFORMING LOTS
The applicable requirements of these Regulations pertaining to
(a) minimum gross lot area, (b) net buildable lot area, and (c) minimum lot width shall not prevent
the construction of an otherwise permitted building or structure or the establishment of an otherwise
permitted use on a lot which:
1. on July 9, 1954, contained less than one acre or a frontage of less than 150 feet upon a
public or private way; or
2. any lot which on December 18, 1964, contained one or more acres but less than the minimum
gross lot area at any time thereafter prescribed by the Commission for the district in which
such lot is situated; or
3. any lot which on July 15th, 1989 contained the minimum gross lot area for the district in which
such a lot is situated but contains a minimum net buildable area less than 14,000 square feet;
or
4. any lot which on June 30, 1993 contained a minimum gross lot area for the district and a
minimum net buildable area of 14,000 square feet:
provided that continuously after the respective dates above mentioned, such lot was owned
separately from any adjoining lot, and further provided that no dwelling or other building containing
human habitation shall be constructed on any lot less than 15,000 square feet in area.
23.4
CHANGE OF PLANS
Nothing in this section shall require any change of the plans, construction or designated use of a
building, the construction of which shall have been commenced prior to the effective date of these
regulations or of any pertinent amendment thereto and which shall be completed within one year
thereafter.
SECTION 24
ZONING BOARD OF APPEALS
24.1 In accordance with the provisions of Chapter 124, Section 8-5 of the General Statutes, Revision of
1958, as amended, the Zoning Board of Appeals shall consist of five regular members and three
alternate members, who shall be electors and shall not be members of the Zoning Commission. They
shall be elected in accordance with the provisions of the ordinance adopted at the Town Meeting of
May 29, 1992.
24.2 OFFICERS AND ALTERNATES: In accordance with the provisions of said Chapter 124, the Zoning
Board of Appeals shall elect a chairman from among its members and all meetings of the Board shall
be held at the call of the Chairman and at such other times as the Board may determine and shall be
open to the public. If a regular member is absent, an alternate member shall be designated to act in
his place as provided in Section 8-5 of the General Statutes, Revision of 1958, as amended. The
Zoning Board of Appeals shall have the following powers and duties:
24.2.1 To hear and decide appeals where it is alleged that there is an error in any order,
requirement or decision made by the agent of the Planning and Zoning Commission or any
other official charged with the enforcement of these regulations.
24.2.2 To determine and vary the application of these Regulations in harmony with their general
purpose and intent and with due consideration for conserving the public health, safety,
convenience, welfare and property values solely with respect to a parcel of land where owing to
conditions especially affecting such parcel but not affecting generally the district in which it is
situated a literal enforcement of such regulations would result in exceptional difficulty or unusual
hardship, so that substantial justice will be done and the public safety and welfare secured.
24.2.3 To perform any other duties which may be assigned to the Zoning Board of Appeals by the
Connecticut General Statutes.
SECTION 25
AMENDMENTS AND VALIDITY
25.1 These regulations and the boundaries of zoning districts established hereunder may from time to time
be amended or changed by the Commission in accordance with the provision of Chapter 124 of the
General Statues, Revision of 1958, as amended.
25.2 If any section, paragraph, subdivision, clause or provision of these regulations shall be adjudged
invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so
adjudged, and the remainder of these regulations shall be deemed valid and effective.
LIST OF APPENDICES
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Fee Schedule
Zoning Map
Lyme Road Map
Application Materials
Determination of Net Buildable Lot Area: Example
Guidelines for Tidal Areas in Lyme
Eightmile Watershed Overlay District Map
Appenedix A
Fee Schedule
Zoning

Copy of Regulations

Copy of Lyme Plan of Conservation and Development
10.00

Zoning Permit (valid for 1 year)
25.00

Zoning Permit Renewal
10.00

Sign Permit
25.00

Home Occupation Permit
50.00

Certificate of Zoning Compliance
25.00

Site Plan Review
50.00

Coastal Site Plan Review
50.00

Erosion and Sedimentation Plan
50.00

Flood Hazard Review
50.00

Commercial Cutting Plan
40.00

Commercial Development Plan
50.00

Special Permit
300.00

Special Permit Amendment
150.00

Earth Material Operation (valid for 2 years)
500.00

Earth Material Operation Renewal (valid for 2 years)
250.00

Application for Regulation Change
300.00

Application for Zone Change
300.00
$
20.00
Subdivision

Basic Fee 1-4 Lots

Over 4 Lots (add per lot)

If Subdivision Includes Public Improvements
i.e. roads, drainage, easements, etc. (per lot)
100.00

Subdivision Coastal Site Plan Review (per lot)
50.00

Flood Hazard Review (per lot)
50.00

Subdivision Plan Amendment
50.00

Inspection for Improvements per Section 3.15.1
200.00
50.00
1,000.00
Resubdivision

Basic Fee 1-4 Lots
400.00

Over 4 Lots (add per lot)
100.00

If Resubdivision Includes Public Improvements
i.e. roads, drainage, easements, etc. (per lot)
100.00

Resubdivision Coastal Site Plan Review (per lot)
50.00

Flood Hazard Review (per lot)
50.00

Resubdivision Plan Amendment
50.00
Zoning Board of Appeals

Variance
200.00

Appeal of Order
150.00
The fee shall be paid at the time of application and is non-refundable. As provided for by
Public Act 04-144, effective May 21, 2004, an additional $30.00 State fee will be collected for
all Zoning, Zoning Board of Appeals and Subdivision / Resubdivision applications.
The applicant shall pay a fee equal to the Town’s expenditures in hiring outside consultants to
review any land-use applications. The fees will be determined by the Town through obtaining
an estimate from its consultants based on the nature of the application and application
submittal and multiply that fee by 1.5. The applicant shall make a payment to the town prior to
the Land Use Commission holding a public hearing for said application within five (5) business
days of receiving notice of the amount due. If the Town expenditure exceeds the estimate, the
applicant shall submit additional funds within five (5) business days of receiving notice from the
Town. Any fees remaining after the completion of the application review will be returned to the
applicant.
The applicant shall pay an inspection fee of eight (8%) percent for the cost of the
improvements made to the property relating to the site work including drainage, erosion and
sediment controls, pavement, landscaping, and any other required inspection to ensure
construction is in compliance with Town Standards. The applicant shall make a payment to
the Town prior to the Land Use Commission holding a public hearing for said application within
five (5) business days of receiving notice of the amount due. If the Town expenditure exceeds
the estimate, the applicant shall submit additional funds within five (5) business days of
receiving notice from the Town.
Fee Waivers

All fees shall be waived when the Town of Lyme is the applicant or petitioner.

All or part of the fee may be waived when the applicant or petitioner is a non-profit or
charitable organization operating within the Town of Lyme for the benefit of the
residents of the town.
Fee Credits

The board or commission receiving the application or petition may, in its sole discretion,
credit prior fees paid to it if the prior fee was paid for an application or petition previously
filed by the applicant or petitioner, which was withdrawn prior to board or commission
action.

The amount of the fee to be credited shall be limited to the amount previously paid less
any expenses incurred by the board or commission in connection with a prior
application or petition.
APPENDIX E
DETERMINATION OF NET BUILDABLE LOT AREA
EXAMPLES
Soil determination is made from Soil Potential Ratings Septic Tank Absorption Fields for Single
Family Residences New London County, Connecticut.
LOT #1
Shape Factor/Net Buildable Lot Area
Note: Due to large lot size and past experience in computing shape factor/net buildable lot area,
scaling of soil areas is acceptable in determining shape factor otherwise actual surveyed
measurements shall be used.
1. Soils
Resource Characteristic (per section 20)
CdC
100%
CrC
75%
CrD
50%
WzC
50%
Rn & wetland setback
0%
Net Buildable Area Provided
Area
196,500 sq. ft.
130,000 sq. ft.
260,000 sq. ft.
586,500 sq. ft.
2. Weighted Resource Characteristic
196,500 x 1.0
586,500
(0.34)
+
+
130,000 x 0.75
586,000
+ 0
(0.17)
=
=
3. Net Buildable Area = 28,000 divided by 0.51
4. Shape Factor
=
0.67 x 28,000
0.51
=
0.51
= 54,902 sq. ft.
(exceeds
minimum
36,785 sq, ft.
required)
(192’ x 192’)
(136’ x 278’)
LOT 2
Shape Factor/Net Buildable Lot Area
Note: Due to large lot size and past experience in computing shape factor/net buildable lot area,
scaling of soil areas is acceptable in determining shape factor.
1.. Soils
Resource Characteristic
CdC
100%
CrC
75%
CrD
50%
WzC
50%
Rn &w/in 100’
0%
Net Buildable Area Provided
Area
385,000 sq. ft.
176,000 sq. ft.
48,000 sq. ft.
(SEE MAP 2)
255,000 sq. ft.
864,000 sq. ft.
2. Weighted Resource Characteristic
385,000 x 1.0
864,000
(0.45)
+
+
176,000 x 0.75
864,000
(0.15)
+ 48,000 x 0.5 + 0
864,000
+ (0.03)
=
3. Net Buildable Area = 28,000 divided by 0.63
4. Shape Factor
=
0.67 x 28,000
0.63
=
=
0.63
= 44,444 sq. ft.
(exceeds
minimum
29,777 sq, ft.
required)
(172.5’ x 172.5’)
(122’ x 244’)
LOT 3
Shape Factor/Net Buildable Lot Area
Note: Due to large lot size and past experience in computing shape factor/net buildable lot area,
scaling of soil areas is acceptable in determining shape factor.
1.. Soils
Resource Characteristic
CdC
100%
CrC
75%
CrD
50%
WzC
50%
Rn &w/in 100’
0%
Net Buildable Area Provided
Area
325,250 sq. ft.
210,000 sq. ft.
37,000 sq. ft.
(SEE MAP 3)
400,000 sq. ft.
972,250 sq. ft.
2. Weighted Resource Characteristic
325,250 x 1.0
972,259
(0.33)
+
+
210,000 x 0.75
972,259
(0.16)
+
+ 37,000 x 0.5 + 0
972,259
(0.02)
3. Net Buildable Area = 28,000 divided by 0.51
4. Shape Factor
=
0.67 x 28,000
0 .51
=
=
=
0.51
= 54,902 sq. ft.
(exceeds
minimum
36,784 sq, ft.
requirement)
(191.5’ x 191.5’)
(135.5’ x 271’)
APPENDIX F
GUIDELINES FOR TIDAL AREAS IN LYME
May 5, 1980
The tidal areas of Lyme shall be designated Zones A and B respectively, and structures in each
zone will normally be expected to meet the criteria that follow:
Zone A includes the Waterfront District in Hamburg; the entire outer portion of Hamburg Cove
from a line between the end of the Camp Claire bulkhead and the rocky point opposite on Jewett
land, thence downstream along both shores of the outer cove to the Connecticut River; then north
and south along the shoreline of the Connecticut River to the boundaries of East Haddam and Old
Lyme, excepting the channel inside Notts Island.
Zone B includes the more confined areas of inner Hamburg Cove upstream of the aforementioned
line (between Camp Claire and Jewett land) to the Joshuatown Bridge, and except for the
Waterfront District; all of Lord’s Cove within the Town of Lyme; Joshua Creek; Selden Creek and
Pond; Whalebone Creek; and the channel behind Notts Island.
Regulated structures include all walkways, ramps, floats, and docks, and any other structure
extending into the tidal area.
In Zone A:
a) The combined deck area of all structures shall not be greater than 400 square feet;
b) The extreme end of structures may not extend more than 25% of the distance to the opposite
shore, measured from ordinary low water, or more than 50 feet beyond ordinary low water,
whichever is the lesser distance; A channel required for passage shall not be obstructed;
c) Structures may not intrude into the area within 10 feet of the side property lines extended,
except by written agreement of the adjoining property owners; If the structure is to be shared by
the two adjacent owners, the rights of both for structures shall be fully utilized in the single
structure, and any access rights required by either owner shall be provided in a recorded
easement. If the structure is for the use of only one landowner, its exceptional location must be
justified by topographic features.
d) For each waterfront lot in a Floodplain Plain, Rural or Commercial District, there may be only
one extension beyond high water of a dock, float, or dock and float in combination. (As indicated
in Lyme’s present zoning regulations, Section 4.3.11, this structure must be “for use of the
owners, and/or occupants of the premises and their guests in residence.”)
e) Structures over wetlands must be open pile and timber construction, or similar type
construction, and shall not be wider than 6 feet.
In Zone B:
a) The combined deck area of structures shall not be greater than 80 square feet;
b) The extreme end of structures shall not extend more than 25% of the distance to the opposite
shore, measured from ordinary low water, or more than 20 feet beyond ordinary low water,
whichever is the lesser distance. A channel required for passage shall not be obstructed.
c) Same as “c” in zone A
d) Same as “d” in Zone A
e) Structures over wetlands must be open pile and timber construction, or similar type
construction, and shall not be wider than 4 feet.
f) No dock or float shall be placed opposite an existing dock in such a position that the extremity of
the first is within 50 feet of the nearest extremity of the opposite facility.
SUBDIVISION REGULATIONS
FOR THE
TOWN OF LYME
TOWN OF LYME SUBDIVISION REGULATIONS
TABLE OF CONTENTS
Section 1
Purpose
Section 2
Definitions
Section 3
Application Procedures and Approval Process
3.1
Preliminary Review
3.2
Formal Submission
3.3
Establishing Date of Receipt
3.4
Site Inspection as Part of Application Review
3.5
Waiver of Subdivision Requirements
3.6
Subdivision Involving Inland Wetlands
3.7
Referrals and Review by Others
3.8
Public Hearing
3.9
Planning Commission Action
3.10 Appeals
3.11 Posting of Bond
3.12 Endorsement and Delivery of Plan
3.13 Commission Endorsement of Plan
3.14 Filing and Recording of Plan
3.15 Inspection of Improvements
3.16 Changes During Construction
3.17 Completion of Work
3.18 Maintenance of Improvements
3.19 Release of Bond/as Built Plans
3.20 Acceptance by Town
Section 4
Contents of Formal Application Submission
4.1
Written Application
4.2
Fees
4.3
Professional Assistance
4.4
Maps
4.5
Reports
4.6
Legal Documents
4.7
Additional Information Requirements
4.8
Waiver of Information Requirements
Section 5
Design Requirements
5.1
General Requirements
5.2
Flood Protection
5.3
Soil and Erosion Control Standards
5.4
Utilities
5.5
Driveway
5.6
5.7
5.8
5.9
5.10
5.11
Road and Drainage
Open Space
Design Standards for Preservation of Natural, Cultural and Archaeological
Features
Fire Protection
Markers and Monuments
Energy Efficiency
Section 6
Bonds – Assurance of Completion of Improvements
Section 7
Alternate Subdivision Design (reserved for the future)
Section8
Amendments and Validity
Section 9
Effective Date
SECTION 1
PURPOSE
1.1
PURPOSE
Pursuant to the authority conferred by Chapter 126 of the General Statutes of Connecticut for adopting
regulations covering the subdivision of land, the Planning and Zoning Commission of the Town of Lyme
adopts the following regulations. These Regulations are intended to assure that land to be subdivided is of
such character that it can be used for building purposes without danger to public health and safety, that
proper provision is made for water, sewerage and storm drainage, that proposed streets and lot access
are in harmony with the character of the community, and that provision is made for open spaces in
locations deemed proper by the Planning Commission. These Regulations shall be construed to
implement and be consistent with the vision, policies and recommendations of the 2001 Plan of
Conservation and Development for Lyme, Connecticut, as it may be amended from time to time. In
particular, these Regulations are intended to preserve Lyme’s rural character and natural resources and
enhance its sense of community for present and future generations.
SECTION 2
DEFINITIONS
2.1
DEFINITIONS
For the purpose of these regulations, in case of conflict, the definitions of terms set forth in the zoning
regulations of the Town of Lyme shall apply. For convenience, some of the definitions of terms appearing
frequently herein are repeated below.
(1) Base Flood: The flood having a one percent (1%) chance of being equaled or exceeded in any
given year.
(2) Bond: Funds or acceptable assurance of funding availability, posted with the town to ensure
completion of improvements which are part of subdivision approval, also referred to as ”surety”
or “security”, in accordance with Section 6.
(3) Commission: The Planning and Zoning Commission of the Town of Lyme.
(4) 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.
(5) Disturbed Area: An area where the ground cover is destroyed or removed leaving the land
subject to accelerated erosion.
(6) Enforcement Officer: The person or persons designated by the Planning and Zoning
Commission to administer these Subdivision Regulations.
(7) Flood Insurance Rate Map (FIRM): The official map prepared for the Town of Lyme by the
Federal Insurance Administrator on which both the
hazard areas and risk premium zones applicable to the Town of Lyme have been designated,
dated January 3, 1979 and as it may be amended.
a. Zone A: means the Special Flood Hazard Area shown on the FIRM which is subject to
inundation by the 100 year flood. Because detailed hydraulic analyses have not been
performed, no Base Flood Elevation is shown. Mandatory flood insurance purchase
requirements apply.
b. Zone A1-30: or “numbered A Zones”, means the Special Flood Hazard Areas shown on
the FIRM which are subject to inundation by the 100 year flood determined in a Flood
Insurance Study (FIS) by detailed methods. Base Flood Elevations are shown with these
zones. Insurance risk level is indicated by the number. Mandatory flood insurance
purchase requirements apply.
(8)
Floodproofing: Any combination of structural or non-structural additions, changes or
adjustments to structures which reduce or eliminate flood damage to real estate or improved
real property or sanitary facilities, structures or their contents.
(9)
Flood Boundary and Floodway Map: Those areas identified on the floodway and flood
boundary for Lyme, Connecticut and dated January 3, 1979 and as it may be amended.
(10) Flood Prone Area or Area of Special Flood Hazard: The land in the flood plains within the
Town of Lyme that is subject to a one percent (1%) or greater chance of flooding in any given
year and are designated as A zones on FIRM.
(11) Grading: Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth
materials or any combination thereof, including the land in its excavated or filled condition.
(12) Land: Real property, including improvements thereof and thereon, and all estates, interests,
and rights therein of any kind or description, including, but not limited to, easements, rights-ofway and water and riparian rights, provided that these interests run in perpetuity with the
subject real property.
(13) Improvement or Public Improvement: Any manmade physical change in the existing condition
of the property, other than staking out the lots, for the purpose of complying with these
Regulations, or as depicted on any Final Subdivision Plan approved hereunder; or for
the purpose of rendering the site more suitable for development and habitation. As
used in these Regulations, “improvement” includes but is not limited to construction of
roads, storm water drainage, ways, streets, curbs, gutters, utilities, street signs,
monuments, street trees and drainage facilities, erosion and sedimentation control
measures, buildings, earth filling or removal, seeding and grading; the establishment
or construction of open space, parks, playgrounds, recreational buildings, equipment,
structures, fields, and similar facilities; and facilities designed to detain, redirect, store,
or treat stormwater discharge.
(14) Non-Commercial Cutting: Shall mean 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.
(15) Non-Commercial Cutting Plan: Shall mean a plan showing the existing mix of forest tree
species, their approximate height, age and density; a description of the cutting or removal
activities to be undertaken and any other information that may be necessary and reasonably
required.
(16) Open Space: “Open Space” includes, but shall not be limited to: Land left in its natural
undisturbed state for conservation; agricultural land for which development rights have been
assigned or otherwise alienated in perpetuity; land areas and facilities for non-commercial,
non profit recreation, for parks or playgrounds; and similar land areas for wildlife habitat,
passive and active recreation, groundwater recharge, scenic preservation, and the like.
(17) Resubdivision: As defined in Connecticut General Statutes Section 8-18, resubdivision
consists of a change in a map of an approved or recorded subdivision if such change (a)
affects any street layout shown on such map; (b) affects any area reserved thereon for public
use; or (c) 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 approval or recording of such map.
(18) Soil Erosion and Sedimentation Plan: A scheme that minimizes soil erosion and
sedimentation resulting from development and includes, but is not limited to, a map and
narrative, as required in Section 5.3.
(19) Street: Public land or right-of-way dedicated or used for purposes of vehicular traffic, and
includes the term “road”.
(20) Subdivision: 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 Lyme Planning and
Zoning 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.
(21) Subdivision Plan: The map, drawing or drawings and reports prepared for approval
by the Commission and filing in the office of the Town Clerk of the Town of Lyme;
which includes all information required in Section 4 of these Regulations.
(22) Town Road Ordinance: “An Ordinance Concerning Acceptance of Roads and
Minimum Road Construction Specifications” for the Town of Lyme as may be adopted
and may be amended from time to time by the Lyme Town Meeting.
SECTION 3
APPLICATION PROCEDURES AND APPROVAL PROCESS
3.1 INFORMAL PRELIMINARY REVIEW
In order to eliminate conflict or misunderstanding during the subdivision application process,
potential applicants are encouraged to submit a preliminary plan to the Commission for informal
review. The objective of this review is to ensure that basic requirements can be met, prior to
incurring application costs, including surveying, engineering and legal fees associated with
submission of a formal application. The Commission may also schedule a field visit to the site of
the proposed development as part of its preliminary review. Preliminary plans have no official
status. Review in regard to their 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. Such
preapplication review and any results or information obtained from it may not be appealed under
any provision of the Connecticut General Statutes and shall not be binding on the applicant or
Commission or any official having jurisdicition to review the proposed project.
3.1.1 Submission of Preliminary Plan: Any potential applicant may submit a preliminary
plan for consideration. At least seven copies of the preliminary plan shall be
submitted to the Enforcement Officer at least fourteen days 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.
3.1.2 Contents of Preliminary Plan: A preliminary plan shall show sufficient information to
enable the Commission to make a general planning review under the standards of
these regulations. The preliminary plan, at a scale no greater than 1” equals 100’,
should 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 other alternative layouts may also be
submitted.
3.2 FORMAL SUBMISSION
All applications for subdivision or resubdivision, together with maps, reports, legal documents, and
any other information required under Section 4 of these Regulations, shall be submitted by mail or
by hand to the Enforcement Officer in the Lyme Town Hall. An application will be considered
complete when an application form, fee, maps and other materials conforming substantially to the
requirements of Section 4 have been received. In order to receive prompt consideration of an
application, the complete application shall be submitted no later than fourteen 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 received by the
Commission, but failure to submit a complete application may be cause for disapproval of an
application.
3.3 ESTABLISHING THE DATE OF RECEIPT
In accordance with the Connecticut General Statutes Section 8-7b(c), The date of receipt of a
petition, application or request shall be the day of the next regularly scheduled meeting of the
Commission, immediately following the day of submission to the Commission, or its agent of such
petition, application or request or thirty-five (35) days after such submission, whichever is sooner.
In the event that Commission or its Agent is unavailable to receive the petition, application or
request, the office of the clerk of the Town shall act as the Agent of the Commission for receipt of
any petition, application or request.
3.4 SITE INSPECTION AS PART OF APPLICATION REVIEW
As part of application review, the Commission or its duly authorized representative or
representatives 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 to visit the site.
3.5 WAIVER OF SUBDIVISION REQUIREMENTS
In accordance with Section 8-26 of the Connecticut General Statutes, when the Commission finds
that extraordinary hardships or practical difficulties may result from compliance with these
Regulations, the Commission may, by a 3/4th vote of all members, approve waivers to these
Subdivision Regulations, provided that such waivers shall not conflict with the intent and purposes
of these Regulations. (Zoning Regulations will NOT be waived under this Section.) The
Commission shall state upon its records the reason for which a waiver is granted in each case.
3.5.1 Findings: The Commission shall not approve a waiver unless it finds the following in
each specific case:
a. The granting of a waiver will not have a significant adverse impact on adjacent
property or on public health and safety; and
b. 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
c. The waiver will not create a conflict with the provisions of the Zoning Regulations,
the Town Plan of Conservation and Development, town ordinances, or regulations
of other Town boards and commissions.
3.5.2 A request for any such 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.
3.6 SUBDIVISIONS INVOLVING INLAND WETLANDS
All subdivision applications shall be submitted to the Lyme Conservation and Inland Wetlands
Agency for determination as to applicability under Chapter 440 of the Connecticut General
Statutes, When an application for a proposed subdivision or resubdivision involves land regulated
as an inland wetlands or watercourse, the applicant shall file an application with the Lyme
Conservation Commission and Inland Wetlands Agency no later than the day the formal
application is submitted to the Planning Commission. The Planning and Zoning Commission shall
not render a decision on the subdivision application until the Inland Wetlands Agency has
submitted a report with its final decision to the Planning and Zoning Commission. In making its
decision, the Planning and Zoning Commission shall give due consideration to the report of the
Inland Wetlands Agency.
3.7 REFERRALS AND REVIEW BY OTHERS
3.7.1 The Commission shall transmit copies of maps, plans and documents to other
officials and agencies where required and where appropriate, such as, but not
limited to the following, for advisory reports and consultation and/or for approval as
may be required by law:
a.
Commission’s Engineer: maps and plans, with particular regard to street
design, storm drainage and other utility systems.
b.
Commission’s Attorney: bonds, easements, deeds and agreements.
c.
Sanitarian: sanitation reports, maps and plans, with particular regard to on-site
water supply and sewage disposal systems.
d.
State Department of Transportation: maps and plans, with particular regard to
street and utility connections with State Highways.
e.
Lyme Conservation Commission and Inland Wetlands Agency: maps and plans,
with particular regard to natural features of the site, including conservation
elements, water resources and soils.
f.
Fire Chief/Fire Marshal: maps and plans with particular regard to elements of
fire protection and fire fighting resources.
3.7.2 Referral to regional planning organizations: Any plan for subdivision or resubdivision
of land which abuts or includes land in one or more additional municipalities as well
as Lyme shall be submitted to the regional planning organization in which the
additional municipality is located, in accordance with CGS 8-26b.
3.7.3 Notice to Adjoining Municipalities: Notice shall be given to the Town Clerk of a
municipality adjoining Lyme in accordance with CGS 8-26f for any project in which
the following applies:
a. any portion of the property affected by a decision of the Planning and Zoning
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 drainage from the project on the site will flow through
and significantly impact the drainage system within the adjoining municipality; or
d. stormwater runoff from the subdivision will impact streets or other municipal or
private property within the adjoining municipality.
3.7.4 Notification of Nearby Property Owners: The applicant shall prepare a list of names
and addresses of the owners of all property any part of which directly abuts the
property to be subdivided, as shown on the Assessor’s records of the Town of Lyme
on the date of submission of the application to the Commission. The applicant shall
mail notification of the application to all owners of each property on the list within
seven working days of the date of submission. Evidence of such mailing shall be
provided to the Enforcement Officer prior to Commission action on the application as
specified in Connecticut General Statutes Section 8-7d(a)
3.8 PUBLIC HEARING
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.
3.8.1 Notifying Nearby Property Owners of Public Hearing: When a public hearing is
scheduled, the applicant shall mail notification of the scheduled public hearing to all
owners of each property, any part of which is within 150 feet of the property being
subdivided, not more than 30 and not less than ten days prior to the date of the
public hearing. The legal notice of the public hearing may serve as the text for
notification. Evidence of such mailing shall be submitted to the Enforcement Officer
not later than the commencement of the public hearing as specified in Connecticut
General Statutes Section 8-7d(a).
3.9 PLANNING COMMISSION ACTION
The Commission shall act on the application within the time frame set forth in the Connecticut
General Statutes. By majority vote of members present and voting, the Commission shall approve,
modify and approve, or disapprove the application for subdivision or resubdivision. Not
withstanding the above, the Planning and Zoning Commission shall not render a decision on the
application until the Inland Wetlands and Watercourses Commission has submitted a report with
its final decision to the Planning and Zoning Commission.
3.9.1 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.
3.9.2 Items which shall be completed: The following items shall be completed as a
requirement for approval of a subdivision or resubdivision application, as applicable:
a. Presentation of any conveyance, easements and deeds in accordance with the
requirements of Section 4.6;
b. Submission of a construction and inspection schedule, approved by the
Commission’s engineer, including establishment of a date when construction of
roads, drainage and other improvements may commence;
c. 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;
d.
Evidence of approval from the Lyme Inland Wetlands and Watercourses
Agency, as may be required under the regulations of such Agency, for conduct
of any activity necessary to complete required streets, drainage and other
subdivision improvements;
e. 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;
f. Written evidence of an application to the U.S. Army Corps of Engineers for
activities within the Corps' jurisdiction;
g. 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 Enforcement Official that development activities
comply with requirements of Section 5.2 of these Regulations;
h. Posting of an acceptable bond guaranteeing completion of any required road,
drainage, installation of property markers and monuments, or other subdivision
improvements in accordance with the approved plan, as required in Section 6.
i. Installation and maintenance of erosion and sediment control measures in
accordance with the certified Soil Erosion and Sediment Control Plan, as required
by Section 5.3.
3.9.3 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.
3.10 APPEALS
Any person aggrieved by an official decision of the Commission may file an appeal to the Superior
Court within fifteen days from the date when the notice of decision was published according to
law. The Commission will 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.
3.11 POSTING A BOND
Prior to endorsement of the approved plan, the Commission shall require the applicant to post a
sufficient bond or other security, in a form and amount acceptable to the Commission and to the
Commission’s attorney, in accordance with Section 6 of the Regulations.
3.12 ENDORSEMENT AND DELIVERY OF PLAN
One fixed line photographic mylar and two print copies of the approved subdivision or
resubdivision map, along with two corrected print copies of any other maps which are part of the
approved application, shall be delivered to the Enforcement Officer within thirty days 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 Section 3.10, and until all conditions of approval have been met, including
posting of any required bonds 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.
3.13 COMMISSION ENDORSEMENT OF PLAN:
Upon receipt of final plans including any required modifications, executed legal documents, and
the posting of any bond 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 thirty (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 thirty (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 delivery,
endorsement and recording of approved plans shall be in accordance with the requirements of
Connecticut General Statutes Section 8-25.
3.14 FILING AND RECORDING PLAN
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 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; and 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.
3.15 INSPECTION OF IMPROVEMENTS
Inspections may be made by the Commission or its designated agent during development to
ensure compliance with the certified plan and that control measures and facilities are properly
performed or installed and maintained. The Commission may require the permittee to verify
through progress reports that soil erosion and sediment control measures and facilities have been
performed or installed according to the certified plan and are being operated and maintained.
The Commission may appoint or hire an inspector to assure that all specifications and
requirements are met during the construction of any required improvement which the Commission
feels should be inspected, including but not limited to the inspections listed in Section 3.15.3. It
shall be the duty of the developer to notify the Commission’s designated inspector at least 48
hours prior to the time when such improvements are to commence and when they are to be
completed. Said inspector shall, after completion of construction, notify the Commission when all
required improvements have been constructed as required by the Commission.
3.15.1 Fee for Inspection of Improvements: The developer shall pay to the Town a fee for
all reasonable costs incurred in the inspection and re-inspection, if required, of any
required improvements by the Commission’s designated inspector, in accordance
with a schedule of fees established by the Commission, and amended from time to
time to reflect the actual cost of performing the inspections. The applicant shall be
required to deposit cash or a certified check with the Town in an amount estimated
as sufficient to cover the cost of field inspections required during the installation of
necessary improvements.
3.15.2 Compliance with Plans: If the inspector shall find, 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 security/bond, and shall take all necessary steps to preserve the
Town’s rights under the terms of the security/bond.
3.15.3 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.
If road and/or stormwater drainage improvements are part of the subdivision
approval, those improvements shall be inspected at the following stages of
construction:
a. After installation of sedimentation and erosion controls and prior to any grading;
b. After completion of rough grading;
c. After drainage and all other underground facilities, when applicable, have been
installed, but prior to back filling;
d. After completion of road subgrade;
e. After completion of rolled granular base and processed aggregate base;
f. If pavement is required, notification shall be made to the commission’s inspector
as to when paving operations shall be performed. Inspections may be made
prior to, during and/or after pavement has been placed, at the discretion of the
Commission’s designated inspector;
g. At the completion of curbing installations, backfilling of curbing, grading of
shoulder areas and embankment, loaming and seeding and the installation of
monuments.
The developer shall not proceed to work on any subsequent stage above until the
preceding section has been inspected and approved by the Commission or its
designated inspector.
3.16 CHANGES DURING CONSTRUCTION
3.16.1 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 required 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 Section 4, as applicable. Any change which affects any street
layout or any area reserved for public use shall require a resubdivision.
3.16.2 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 recognized at the
time of the approval by the Commission, the Commission may require such
additional work to be done and may require additional surety.
3.17 COMPLETION OF WORK
3.17.1 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.
3.17.2 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 ten years from the date the subdivision was approved.
3.17.3 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 surety required under Section 3.11, securing to the municipality the
actual completion of work.
3.17.4 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, 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.
3.17.5 Failure to complete all required work shall result in expiration of subdivision
approval. In such event, the Commission shall file on the Land Records notice of
such 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 bond of the subdivision to the extent necessary to complete the
bonded improvements and utilities required to serve those lots.
3.18 MAINTENANCE OF IMPROVEMENTS
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 until completion of
work in Section 3.17. If any improvements are proposed to be accepted by the town,
maintenance by the applicant shall continue until town acceptance and transfer of deed has
occurred. In the event that the applicant fails to comply, 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.
3.19 RELEASE OF BOND/AS BUILT PLANS
The Commission may, at its discretion, upon request of the developer, authorize partial release of
the subdivision bond as various stages of work are completed to the satisfaction of the
Commission. However, prior to release of the final portion of the subdivision bond, the following
conditions must be met:
a. The final portion of the bond shall not be released until all required improvements have
been accepted by the Town and all conditions of town acceptance have been met.
b. Roads, drainage and other required improvements in the subdivision shall have been
inspected and approved the Commission’s engineer.
c. As-built plans shall have been submitted to the Commission in accordance with 3.19.1.
d. 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 that the work is deemed complete by the Commission’s inspector,
or in the event of acceptance of the improvements by the Town, no earlier than one
year after the date of acceptance. The maintenance bond shall be in the amount and
with surety as approved by the Commission and town’s attorney, and not less than
10% of the original bond amount.
3.19.1 “As built” plans: Before the Commission authorizes release of any subdivision 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.
3.20 ACCEPTANCE BY THE TOWN
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.
3.20.1 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 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 may 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 bond released. The Board of Selectmen
may then place the matter before the Town Meeting for action on acceptance.
Acceptance of a road into the town road system shall be in accordance with the
Town Road Ordinance.
SECTION 4
CONTENTS OF FORMAL APPLICATION SUBMISSION
4.1 WRITTEN APPLICATION
A written application, in a form prescribed by the Commission, shall be submitted by the applicant
or lawful agent. If the applicant is not the owner of the land to be subdivided, the forms shall also
be signed by the owner or lawful agent of the owner.
4.2 FEES
Each application for a subdivision or re-subdivision and an extension thereof shall be
accompanied by a fee payable to the Town of Lyme as necessary to cover the cost of processing
the subdivision application and inspecting any required improvement. Processing fees and
inspection fees shall be paid to the Commission, or the Commission’s duly authorized agent, by
the subdivider in accordance with the Schedule of Fees established by the Commission.
4.3 PROFESSIONAL ASSISTANCE
All maps and reports required under these Regulations shall be prepared and certified by qualified
professionals, as follows:
4.3.1 Professional Engineer: The applicant shall employ the services of a professional
engineer, currently licensed to practice in the State of Connecticut, for the design of
and preparation of maps and reports relating to the following work items required in
the submittal of a subdivision application: roads; drainage systems, including the
design and location of structures and pipes; subsurface sewage disposal systems;
water supply and distribution systems; and grading of lots and overall grading plans.
a. All submissions of the above items shall bear the name, seal and original
signature of a professional engineer, currently licensed to practice in the State of
Connecticut. A Land Surveyor’s seal or Architect’s seal alone is not acceptable.
Documents other than final reports and maps shall be marked “Draft”.
4.3.2 Land Surveyor: The applicant shall employ the services of a land surveyor, licensed
to practice in the State of Connecticut, for the preparation of maps and reports
relating to the following work items required in the preparation of a subdivision
application: land surveys including the delineation of the boundary lines of the
outside perimeter and the interior lots of a subdivision; topographic surveys including
contour delineation and all natural features and constructed facilities on the land.
All submissions of the above items shall bear the name, seal and original signature
of a land surveyor, currently licensed to practice in the State of Connecticut. A
Professional Engineer’s seal or Architect’s seal alone is not acceptable. Documents
other than final reports and maps shall be marked “Draft”.
4.4 MAPS
The maps and plans required by these Regulations shall show information and shall be prepared
in accordance with the standards hereinafter specified.
4.4.1 Information on the proposed subdivision shall be provided on maps with an overall
dimension of 24” by 36”. Ten blue line copies of all maps shall be provided as part
of the submission of a completed application. The Commission may require
additional copies of plans if referrals to outside parties are indicated.
(1) If more than one map sheet is required, each sheet shall be sequentially
numbered in the form “Sheet ___ of ___”. An index of all supporting detail map
sheets shall be included on the first sheet. For a more efficient presentation, any
information required in Section 4.4 may be combined on plan sheets, provided
that the information is presented in a clear and understandable manner.
Revision dates shall be shown if plans are updated or revised during the review
process.
(2) All prints of maps and plans shall be clear and legible and shall be bound along
the left side, with required identifying data on each sheet.
(3) All maps shall be prepared by and shall bear the name, seal and original
signature of a land surveyor or professional engineer, or both, as required under
Section 4.3. Final maps presented for endorsement and filing shall include a
raised seal and original signature of the land surveyor or professional engineer,
or both, as required, and shall be a fixed line photographic Mylar printed on good
quality polyester film meeting State requirements for filing with the Town Clerk.
(4) All maps sheets shall include the following information:
a. name of the proposed subdivision or identifying title, which shall not duplicate
the title of any previous subdivision in the Town of Lyme;
b. name and address of the owner of land to be subdivided, the name and
address of the subdivider if other than the owner;
c. date prepared, approximate true north point, numerical and graphic scale.
North arrows, to the extent practical, shall be consistent from one map to
another.
4.4.2 Key Map: A Key Map showing the relationship of the proposed subdivision to the
surrounding neighborhood shall be provided, and shall show all public streets, lands
reserved for special use, and major subdivisions located within one-half mile of the
boundaries of the tract to be subdivided. All proposed property lines within the tract
to be subdivided shall be shown on the Key Map in sufficient detail to allow for
transfer of information to the Commission’s base map. The scale of the Key Map
shall be 1” = 1000’.
4.4.3 Boundary Survey Map: A Boundary Survey Map of the entire tract to be subdivided
shall be provided, prepared by a land surveyor in accordance with the Regulations of
Connecticut State Agencies, Sections 20-300b-1 to 20-300b-20 inclusive. The
Boundary Survey Map shall show names of all abutting land owners and public
streets, the layout of all lots and streets within the tract to be subdivided, and all
lands to be dedicated as open space, parks or playgrounds. If only a small portion
of the property is to be subdivided, the applicant may request a waiver for the
boundary survey of the remainder of the tract. The scale of the Boundary Survey
Map shall be at least 1” equals 40 feet, but not less than 1” = 100’.
4.4.4 Detailed Lot Layout Maps: Detailed Lot Layout Maps shall be at a scale of one inch
equals 40 feet (1”=40’) unless otherwise approved by the Commission. Where it is
not possible to fit the entire subdivision plan on one sheet at a scale of 1”=40’, more
than one sheet may be used, provided that match lines are indicated. If more than
one sheet is used, an index map shall be provided showing the entire subdivision
with lots, lot numbers, streets, street names, delineation of areas covered by the
section or sheet and match lines between sections.
All Detailed Lot Layout Maps shall show the following information to the extent that
the information occurs in, or is applicable to the particular subdivision:
(1) Information on site conditions and land evaluation within the property to be
subdivided and within 100 feet thereof, as follows:
a. Existing contours at intervals of five (5) feet or less, based on field or aerial
survey, using the bench mark as required for Construction Plans in Section
4.4.5. The Commission may require contour lines at lesser intervals where
necessary to properly evaluate the proposed development. In areas where
there is no significant change in elevation over an extended area, spot
elevations shall be shown.
b. Existing man-made features, including buildings and structures; any proposed
removal, demolition, relocation or retention of existing man-made features.
Detailed lot layout maps shall also show existing trails, stone walls, fences and
dams, and other man-made features.
c. Location of all known significant archaeological, historic, and natural features.
d. Location of all exposed ledge outcroppings.
e Existing watercourses; exterior limits of inland wetlands, if applicable, which
shall be identified and located in the field by a certified soil scientist, and all
areas within 100 feet of inland wetlands on the same and other adjacent
properties; location of all riparian buffers required within the Watershed Overlay
District.
f. Any areas subject to frequent, periodic or potential flooding; the boundaries of
any Special Flood Hazard Areas and floodways and the base flood elevation
data therefore; the lowest floor elevations that would be applicable for building
on any lot in any Special Flood Hazard Area.
g. Boundaries and classification codes of soil types under the National
Cooperative Soils Survey of the USDA Natural Resources Conservation
Service.
h. Location and results of all percolation test holes, deep test pits and borings
i. Location and species of specimen trees; existing mix of forest tree species, their
approximate height, age and density; a description of the cutting or removal
activities to be undertaken
j. Location of any existing wells on the property and on land within 100 feet of the
property
k. Location of any drainage discharge points onto the property from any street or
other property.
(2) Property ownership information as follows:
a. Name and address of owner of property; name and address of applicant, if
different from the owner
b. Perimeter boundary survey of the entire property, with dimensions, and the
area of the property to be subdivided, except that if only a portion of a large
tract is to be divided, the Commission may waive the requirement to survey the
entire property; the boundary line shall be a heavy weight line easily
distinguishable from other property lines
c. Location of existing property lines for a distance of 75 feet from the property,
except where the property borders a road, where the location of property lines
across the road shall be shown
d. Name of street, both street right-of-way lines, and pavement location of any
street abutting or within 50 feet of the property
e. The survey relationship of the property to the State of Connecticut grid
coordinate system;
f. Names of owners of property abutting the property to be subdivided, including
those across any street where the proposed subdivision abuts an existing street
g. Existing property markers and monuments
h. The Zoning District in which the property is located, and any Zoning District
within 100 feet of the property
i. Any municipal boundary line on or adjacent to the subdivision
j. Any boundary line of the Gateway Conservation District and/or the Coastal
Boundary
k. Any building setback lines established by zoning regulations, town ordinance
or other law
l. Existing dedicated open space, and the square footage and acreage thereof
m. Location and dimension of existing easements; notation of all existing
restrictions on the use of the land, including easements and covenants
n. Any reserved areas for watercourses and wetlands protection or for
conservation areas;
o. Any encroachment lines along rivers and watercourses.
(3) Proposals for development of the subdivision as follows:
a. Proposed lots and lot numbers, and the square footage and acreage of each
lot with dimensions and areas
b. calculations for Net Buildable Lot Area for each lot (see Zoning Regulations)
c.. Proposed contours at an interval not exceeding five (5) feet, based on field or
aerial survey; in areas where there is no significant change in elevation over
an extended area, spot elevations shall be shown.
d. Proposed man-made features, including but not limited to buildings,
structures, fences, retaining walls and the like;
e. The location proposed for a building on each lot and a driveway, including
floor elevations and driveway grades where necessary to demonstrate
feasibility of use of the lot;
f. Extent of proposed lot clearing and location of riparian buffers required in the
Watershed Overlay District;
g. Proposed property markers and monuments in accordance with Section 7.
h. Location and dimension of proposed easements; notation of all proposed
restrictions on the use of the land, including easements and covenants;
i. Any required or proposed setback lines or buffers;
j. Proposed streets and other rights-of-way, and the width thereof; location and
width of street pavement, if required;
k Existing and proposed storm drains, catch basins, manholes, ditches,
headwalls, sidewalks, gutters, curbs and other drainage structures
l. The proposed location of any activity that is subject to the Inland Wetlands
and Watercourses Regulations of the Town of Lyme, including any relocation
or construction for channels or watercourses
m. Location of electrical, telephone and cable lines;
n. The proposed location of any on-site wells and subsurface sewage disposal
systems, for the purpose of demonstrating feasibility of use of the lot. Actual
location of wells and septic systems may be different, and shall be
determined at the time a building permit is sought.
(4) The following additional information:
a. Map information as required for a Coastal Site Plan under Section 4.5.4.
b. Map information as required for a Sedimentation and Erosion Control Plan
as specified under Section 4.4.6.
c. A signature block entitled “Approved by the Lyme Planning and Zoning
Commission”, with a designated place for the signature of the
Chairman/woman or Secretary and the date of the Commission vote to
approve; and the words “Expiration date per Section 8-26, Connecticut
General Statutes”, with a designated place for such date
d. Such additional notes as may be required or approved by the Commission,
such as restrictions pertaining to building lines, reserved areas, easements,
solar access, fire protection, on-site sewage disposal and water supply and
other features on the map.
4.4.5 Construction Plans: Where subdivision improvements other than creation of building
lots and installation of property markers are proposed, the applicant shall submit
Construction Plans for such improvements conforming to the standards set forth in
these Regulations, and to any other such design and construction standards as may
from time to time be adopted by the Town of Lyme and incorporated into or
appended to these Regulations.
(1) Preparation: Construction plans, including details and specifications, shall be
prepared by and shall bear the name and seal of a professional engineer, provided
however, that particular elements of the plan, as authorized under Section 4.3,
may be prepared by a land surveyor or other qualified professional.
(2) Scale : Construction plan drawings shall have a horizontal scale of 1” = 40’; profile
drawings shall have a vertical scale of 1” = 4’. Drawings of special structures and
details may be prepared in other format acceptable to the Commission or its
designated agent. Profile drawings, inverts, existing and proposed contours and
key elevations shall be based on official Town, State or U.S. bench marks. The
bench marks used shall be consistent among the plan sheets and shown on the
plans.
(3) General Format: All plans showing construction of subdivision improvements shall
include the following elements: (1) an overall view, (2) profiles and cross sections,
(3) Sedimentation and Erosion Control Plan, according to Section 4.4.5 and (4) a
Grading Plan, according to Section 4.4.6.
(4) Specific Information: The following information shall be shown on the Construction
Plans as applicable to a particular subdivision:
a. Existing and proposed contour intervals shown on construction plans shall
not exceed two feet, and shall be the result of a topographic survey
performed to the standards established under the Regulations of
Connecticut State Agencies, Sections 20-300b-1 to 20,300b-20 inclusive.
b.. For streets:
1) street names; right-of-way lines, the edge and width of pavement;
center line radius; stations at 50’ intervals, low points, high points,
points of curvature, points of tangency and at intersections.
2) existing profile grades at the center line and both right-of-way lines,
3) proposed profile grades along road centerline elevations, and at the
low points, high points, points of vertical curvature (pvc), points of
vertical intersection (pvi) and points of vertical tangent (pvt).
4) pavement radii at corners,
5) length of vertical curves,
6) typical street cross section, cross section at all cross culverts, cross
sections where there are to be substantial cuts and fills affecting
abutting property,
7) the location of lot lines intersecting the right-of-way line and the lot
numbers of the lots,
8) location of sidewalks, curbs and gutters, guide rails or posts, street
lights, road monuments, traffic control devices, and signage.
c. for drainage, sanitary sewers and pipe systems:
1) location, depth, invert, slope, frame and grade elevations, size and type
of all pipes, culverts, manholes, headwalls, and catch basins, including
offsets from street centerline
2) cross section, depth, slope and location of all natural and man-made
watercourses, ditches and swales,
d. detail drawings of bridges, box culverts, deep manholes, retaining walls
and other special structures.
e. provision for control of erosion and sedimentation both during and upon
completion of construction, in accordance with Section 4.4.6.
f. at intersections and other locations where there may be sight distance
restrictions, a sight line demonstration may be necessary;
g. drainage analysis map and computations to enable the Commission or its
agent to review the drainage design and the sufficiency of downstream
drainage systems to accommodate runoff from the subdivision; design for
any temporary or permanent storm water detention or retention area;
h. A signature block entitled "Approved by the Lyme Planning and Zoning
Commission" with a designated place for the signature of the
Chairman/woman or Secretary and the date of signing.
4.4.6 Sedimentation and Erosion Control Plan:
(1) A soil erosion and sediment control plan shall be submitted with the subdivision
application in the following cases:
a. When the disturbed area of such subdivision is cumulatively more than one half
acre, or contains inland wetlands or watercourses;
b. For any lot within the Gateway Conservation District; or
c. For any lot within a proposed subdivision which is within 50 feet of coastal
resources, including rocky shorefront, coastal bluffs and escarpments, beaches,
dunes and tidal wetlands, as defined in the Connecticut Coastal Management
Act.
(2) The plan shall include a map showing existing and proposed topography;
location of any areas proposed to be cleared, stripped of vegetation and/or
graded, or otherwise altered; location and design of structural control
measures, including diversions, waterways, grade stabilization structures,
debris basins and other measures; revegetation plans; and a schedule of
operations including sequencing of clearing, grading, installation of control
measures, and revegetation. Design of control measures and operations shall
be consistent with principles, methods and practices found in the “Connecticut
Guidelines for Soil Erosion and Sediment Control” (2002), and amendments
thereto, and with the requirements set forth in Section 5.3 of these Regulations.
The soil erosion and sediment control plan may be incorporated on the Detailed
Lot Layout Map and/or Construction Plans.
(3) The applicant shall provide a written report describing the project, the schedule
of conservation practices, design criteria, construction details and the
maintenance program for any erosion and sediment control facilities that are
installed. The report shall include the Name of person responsible for
implementing the Sedimentation and Erosion Control Plan.
4.4.7 Grading Plan: If not shown on the Construction Plans, a grading plan shall be
prepared which shall show proposed new grading of the roadway and any drainage
courses, proposed grading of all lots within the subdivision for which substantial
topographic alteration is required in order to accommodate the proposed
construction, and any other major grading, cuts, fills or soil or rock removal proposed
in the subdivision.
(1) The area shown on the grading plan may be limited to the portion of the
subdivision affected by the proposed grading, cuts, fills, or soil or rock removal
(2) The grading plan shall be shown at the same scale as the detailed layout map,
and shall be prepared to similar standards of accuracy
(3) Existing and proposed contours at intervals of two feet are required. If
requested by the Commission, cross-sectional drawings of the area to be
regraded shall be provided
(4) The plan shall indicate the total volume and nature of material to be removed or
deposited for road construction.
4.4.8 Future Development of Undeveloped Portion of a Tract/Phased Development:
If the proposed subdivision covers only a part of the record owner’s or applicant’s
contiguous land holding, the applicant shall submit a schematic map showing the
possible location of future streets, lot layout, and open spaces. The Commission
will review the schematic plan in order to assist the applicant in providing the most
efficient use of land in relationship to the surrounding area. This schematic map is
for informational purposes only and shall not be binding on either the applicant or
the Commission.
4.5 REPORTS
Reports required under this Section may be included as plan notes where appropriate, provided
that all information is shown in a clear and legible form. The applicant shall submit ten copies of
all reports not included as plan notes.
4.5.1 Water and Sewer: The applicant shall submit a written report, prepared and sealed
by a professional engineer, currently licensed to practice in the State of Connecticut,
or other qualified professional, describing the proposed water supply and method of
sewage disposal for the subdivision. Prior to submission of the report to the
Commission, the applicant shall secure endorsement of the report by the Director of
Health of the Town of Lyme or his/her designated agent.
4.5.2 Traffic Study: For all residential subdivisions containing 10 lots or more, and for all
non-residential subdivisions, the Commission may require the applicant to submit a
traffic study describing the pedestrian and vehicular access to and within the
proposed subdivision. In the case of resubdivision or phased development,
previously approved lots shall be considered as part of the total when determining
the need for a traffic study. Traffic studies may be required for subdivisions
containing less than 10 lots, if the Commission determines that hazardous or unsafe
conditions may be created or exacerbated by the proposed development. The
report shall include traffic characteristics and level of service on existing streets
affected by the subdivision, and any proposed measures to increase traffic safety
and mitigate identified hazardous or unsafe conditions resulting from the subdivision.
4.5.3 Stormwater Runoff: For all subdivisions involving the creation of new streets, or as
otherwise required by the Commission, the applicant shall provide a mapped and
written description of all drainage measures, prepared by a professional engineer
according to Section 4.3. The mapped description shall be shown in accordance
with requirements for construction plans in Section 4.4.5. The written description
shall identify the method used to calculate runoff, runoff characteristics of the
property before and after development, drainage calculations, structural elements of
the proposed drainage design, maintenance procedures, safety measures including
fencing and trash racks, proposed landscaping and vegetative measures used to
stabilize slopes and bottom surfaces, and proposed ownership of any structural
elements, and all design and construction requirements in accordance with Section
5.6.
4.5.4 Coastal Management: All subdivisions of land located fully or partially within the
Coastal boundary, as defined in the Connecticut General Statutes Chapter 444,
Section 22a-94, and shown on the Town’s coastal boundary map, shall be subject to
the coastal site plan review requirements, procedures and definitions set forth in
Chapter 444, and with the following requirements of these regulations:
(1) In addition to requirements set forth elsewhere in these Regulations, coastal site
plan applications must include the following information:
a. A plan showing the location and spatial relationship of coastal resources on
and contiguous to the property proposed for subdivision
b. A description of the location, design, and timing of construction of any
subdivision improvements
c. An evaluation of the capability of resources to accommodate the proposed
use
d. An evaluation of the suitability of the subdivision for the proposed site
e. An evaluation of the potential beneficial and adverse impacts of the
subdivision and a description of proposed methods to mitigate adverse effects
on coastal resources
(2) The applicant shall demonstrate that the adverse impacts of the proposed
subdivision on coastal resources and future water dependent development
opportunities are acceptable and that such activity is consistent with the goals and
policies of the Coastal Management Act.
4.5.5 Flood Protection: When a subdivision is proposed for land subject to flooding, as
identified by the National Flood Insurance Program, the applicant shall supply written
confirmation from the Zoning Officer or other designated official that utilities, water,
sewage disposal systems and electrical service are located or designed so as to
minimize or eliminate flood damage or infiltration. The applicant’s engineer shall
provide assurances that the flood carrying capacity is maintained within any altered
or relocated portion of any watercourse. Flood protection measures shall be
designed in accordance with the requirements of Section 5.2.
4.5.6 Energy Conservation: The applicant shall submit a written statement describing the
manner in which the proposed subdivision will utilize passive solar energy
techniques, as required in Section 5.11. This report may be included as a note on
the subdivision map where appropriate.
4.5.7 Purpose and Disposition of Open Space: The applicant shall provide a written
report describing any open space proposed in accordance with Sections 5.7. The
written report shall include a description of natural resources on the open space
tract, proposed use of the tract, proposed ownership and management
recommendations. A copy of any restrictive covenants and/or conservation
easements shall be included in the report.
4.5.8 Archaeological and historic preservation: The applicant shall provide a written
description of any significant historical sites or buildings, identified archaeological
sites, existing trails, stone walls, and unique natural features located on the property
to be subdivided, as provided in Section 5.8 of these Regulations. The applicant
shall include a written statement of any measures which will be taken to preserve
important cultural and natural resources on the site. Suitable public access to any
preserved feature may be required by the Commission.
4.5.9 Fire Protection: The applicant shall provide a written report describing measures to
be taken to provide fire protection to the subdivision, including fire access and water
supply, in accordance with Section 5.9. The applicant shall supply written
confirmation that the report has been reviewed by the Fire Department, either in the
form of a letter from the Fire Department or by an endorsement of the written report
by a designated representative of the Fire Department.
4.5.10 Other Approvals:
(1) State Highway Connections: Where a proposed street, driveway, or storm
drainage system joins with a State Highway, the applicant shall present a copy
of a letter or other document giving evidence that the construction plans have
been submitted to and reviewed by the Connecticut Department of
Transportation. A permit from CONNDOT or a letter indicating intent to issue
such permit shall be obtained by the applicant and accompany the application
prior to Commission approval.
(2) Other State and Federal Approvals: In the case of any use, improvement,
system, or facility requiring approval of any department or agency of the federal
or state government not cited elsewhere in these Regulations, the applicant
shall provide evidence of the approval from such department or agency, or a
copy of a letter or other documentation showing that the applicant has applied
for such approval.
4.6 LEGAL DOCUMENTS
All legal instruments related to roads, open space, drainage and other restrictions shall be
submitted in duplicate as part of the subdivision application. All legal documents are subject to
approval by the Commission’s or Town’s attorney and the Commission. Fees for review of legal
documents shall be paid by the applicant.
4.6.1 Legal documents which must be submitted for Commission and Commission’s
Counsel review as part of the submission at time of application include, but are not
limited to, the following:
a. Proposed deed for proposed open space areas
b. Proposed text of required easements of all types, including easements for
storm drainage, conservation, utilities, access, temporary easements for
construction purposes, and sloping rights
c. Organizational documents and by-laws for homeowners' association, when
proposed
d. Any maintenance agreements
4.6.2 Legal documents which must be submitted prior to final approval of the subdivision
and signing of the mylar by the Commission:
a. Deed for proposed roads
b. Deeds and/or easements for the proposed storm drainage system, including
any necessary rights-to-drain onto private property.
c. Documents required in Section 4.6.1 in their final form.
4.7 ADDITIONAL INFORMATION REQUIREMENTS
The Commission may require any other information necessary to establish that the proposed
subdivision is in conformance with the purposes of these subdivision regulations, as established in
Section 1.1.
4.8 WAIVER OF INFORMATION REQUIREMENTS
For all subdivisions, a waiver of specific information requirements of Section 4 may be requested,
in writing, prior to or simultaneously with the submission of a formal application. The Commission
may grant the waiver request if it finds that the information for which the waiver is requested is not
necessary to determine compliance with these subdivision regulations. Requirements of Section
4.3 regarding professional assistance, and for the Key Map, Boundary Survey Map, Coastal Site
Plan, Water and Sewage Reports, and Sedimentation and Erosion Control Plan, where applicable,
shall not be waived. When a waiver request is denied, the applicant shall provide the information
requested no later than the next regularly scheduled meeting of the Commission, or at such later
time as the Commission may allow.
SECTION 5
DESIGN REQUIREMENTS
5.1 GENERAL REQUIREMENTS
5.1.1 .Conformance to Regulations
No subdivision plan shall be finally approved by the Commission unless the
Commission finds that the plan conforms to the Regulations herein prescribed and to
the Zoning Regulations of the Town of Lyme. Subdivisions shall be designed in
general conformance with the Lyme Plan of Conservation and Development,
particularly with regard to preservation of the rural character of the land. All lots,
streets, storm drainage, water supply systems, sewage disposal systems, open
space, driveways, installation of property markers, fire protection measures and
other subdivision improvements shall be designed, constructed and maintained in
accordance with the standards specified in these Regulations, in Lyme Town
Ordinances, and in accordance with any other local, state or federal statutory or
regulatory requirements, codes and standards. Whenever there is a conflict among
applicable standards, the most stringent requirement shall govern.
5.1.2 Character of Land
All land to be subdivided shall be of such character that it can be used for the
purposes intended without danger to health, safety and welfare. Land subject to
flooding, or with inadequate means of sanitary sewage disposal, inadequate water
supply, or inadequate sedimentation control, or that fails to meet the criteria of the
minimum net buildable lot area shall not be subdivided. All lots shall be designed
and developed in accordance with the provisions of Section 5.8 of these
Regulations. Any proposed lot which is found to be unsuitable for occupancy and
building by reason of water or flooding conditions, unsuitable soils, topography,
ledge rock or other adverse conditions shall be combined with another contiguous lot
which is suitable.
5.1.3 Enforcement
(1) Enforcement of these regulations shall be by the Commission or their duly
authorized agent. The transfer of any lot or lots or portion of land courses so as to
create a subdivision without the approval of the Commission shall be punishable by
a fine of not more than $500.00 for each parcel of land transferred or for each
building or structure erected, and any other such penalty as may be assessed by
law. The Town of Lyme may bring action to enjoin the erection of such building or
structure or cause it to be vacated or removed.
(2) No owner or agent of the owner of any land located within the jurisdiction of the
Commission shall transfer or sell or agree to sell or negotiate to sell any land from or
in a subdivision, or from an approved subdivision plan that is changed or amended,
until such subdivision or such changed or amended subdivision plan, as the case
may be, shall have been approved by the Commission and recorded or filed in the
office of the Town Clerk.
5.1.4 Site Disruption and Restoration: To the extent possible, natural vegetation and
unusual topographic features shall not be disturbed during construction. Upon
completion of improvements, and prior to release of the construction bond in its
entirety, the developer shall be required to properly grade any disturbed land to
dispose of undesirable surface water, remove all brush and debris created by
human intervention, and grade and seed all open areas to field grass. All temporary
ditches shall be filled, all drainage lines, catch basins and manholes shall be
cleaned and flushed, all streets cleaned and repaired, and the whole site shall be left
in a neat and clean condition.
5.1.5 Bodies of Water: If a tract of land being subdivided contains a body of water or
portion thereof, including a dam or other structure, the Commission may require
that the lot lines be drawn so as to place the entire ownership and burden of
maintenance of the body of water and dam or other structure in undivided
ownership.
5.2 FLOOD PROTECTION
The following standards are adopted as part of Lyme’s eligibility in the Federal Flood Insurance
Program:
5.2.1 New Developments of Five (5) Acres or Fifty (50) Lots
In respect to all subdivisions and resubdivision applications for new developments
greater than five (5) acres or fifty (50) lots located within unnumbered A zones or
zones A-1 through A-30 on the Town of Lyme’s Flood Insurance Rate Map, the base
flood elevation data is required for each lot within such subdivision or resubdivision.
5.2.2 Sewage Disposal and Water Supply Systems in Flood Hazard Areas The following
standards apply to design and maintenance of sewage disposal and water systems:
a. That proper provision will be made for sewer and water systems in Flood Hazard
Areas to minimize or eliminate flood damage.
b. That water systems are designed to minimize infiltration of flood waters.
5.3 SOIL AND EROSION CONTROL STANDARDS
5,3.1 Certification of Plan: The Lyme Planning and Zoning Commission shall either certify
that the soil erosion and sediment control plan, as required under Section 4.4.6
complies with the requirements and objectives of these Regulations or deny
certification when the development proposal does not comply with these
Regulations.
5.3.2 Soil Erosion and Sediment Control Plan Principles:
To be eligible for certification, a soil erosion and sediment control plan shall contain
proper provisions to adequately control accelerated erosion and sedimentation and
reduce the danger from storm water runoff on and from the proposed site, based on
the best available technology. Such principles, methods and practices necessary for
certification are found in the Connecticut Guidelines for Soil Erosion and Sediment
Control (2002) as amended. Alternative principles, methods and practices may be
used with prior approval of the Commission.
5.3.3 Narrative: The soil erosion and sediment control plan shall include a narrative
describing the following information: the development; the schedule for grading and
construction activities, including start and completion dates, sequence of grading
and construction activities, sequence for installation and/or application of soil erosion
and sediment control measures, and sequence for final stabilization of the project
site; the design criteria for proposed soil erosion and sediment control measures and
storm water management facilities; the construction details for proposed soil erosion
and sediment control measures and storm water management facilities; the
installation and/or application procedures for proposed soil erosion and sediment
control measures and storm water management facilities; and the operation and
maintenance program for proposed soil erosion and sediment control measures and
storm water management facilities.
5.3.4 Minimum Acceptable Standards:
Plans for soil erosion and sediment control shall be designed and implemented to
minimize erosion and sedimentation during construction, stabilize and protect from
erosion when completed, and to not cause off-site erosion and/or sedimentation.
Minimum standards are those set forth in the Connecticut Guidelines for Soil Erosion
and Sediment Control (2002), as may be amended. The appropriate method from
the Connecticut Guidelines shall be used in determining peak flow rates and
volumes of runoff, unless an alternative method is approved by the Commission.
5.3.5 Referrals: Any soil erosion and sediment control plan may be submitted to the
regional Soil and Water Conservation District for review and advisory opinion. The
Commission may forward a copy of the development proposal to the Conservation
Commission or other review agency or consultant for review and comment.
5.3.6 Separate Bond for Sedimentation and Erosion Controls Required: The estimated
costs of measures required to control soil erosion and sedimentation, as specified in
the certified plan, shall be required to be covered in a separate bond or other
assurance acceptable to the Commission under Section 6 of these Regulations.
The bond shall be posted with the Treasurer of the Town of Lyme, prior to
commencement of work, in an amount approved by the Planning and Zoning
Commission as sufficient to guarantee conformity with the plan issued hereunder.
The bond will be subject to review as to form by the Commission or Town Attorney.
5.3.7 Installation Prior to Site Development:
Site development shall not begin unless the soil erosion and sediment control plan is
certified and those control measures and facilities in the plan scheduled for
installation prior to site development are installed and functional. Planned soil
erosion and sediment control measures and facilities shall be installed as scheduled
according to the certified plan.
5.3.8 Maintenance:
All control measures and facilities shall be maintained in effective condition to
ensure the compliance of the certified plan.
5.3.9 Design for Minimum Impact:
a. Development shall be fitted to the topography and soils so as to create the least
erosion hazard;
b. Natural vegetation shall be retained and protected wherever feasible;
c. Only the smallest practical area of land shall be exposed at any one time during
development;
d. When land is exposed during development, the exposure shall be kept to the
shortest practical period of time;
e. Temporary vegetation and/or mulching shall be used to protect exposed areas
during development;
f. Sediment basins (debris basins, desilting basins or silt traps) shall be installed
and maintained to remove sediment from runoff waters and from land undergoing
development where feasible and practical;
g. Permanent final vegetation and structural erosion control measures shall be
installed as soon as practical in the development.
5.4 UTILITIES
All subdivision plans shall make proper provision for sewage disposal, water supply and other
utilities.
5.4.1 Electric, telephone and cable lines: New electric, telephone and cable television
wires within the subdivision shall be installed underground where practicable, unless
the Commission determines that such underground installation is inappropriate or
infeasible for all or part of the subdivision. In making such a determination, the
Commission shall take into account the type of service existing in the area adjacent
to the subdivision, topographic and construction conditions, and the size of the
subdivision. Requirements for underground wires shall be noted on the subdivision
plan. Easements for utility lines shall be provided and shown on the subdivision
plan.
5.4.2 Sanitary Sewage Disposal: Prior to its approval by the Commission, each proposed
subdivision lot shall be approved by the Town Sanitarian as having sufficient details
and data to demonstrate that said lot can support a sanitary subsurface sewage
disposal system and reserve area conforming to the State of Connecticut Public
Health code. A block for the Town Sanitarian’s endorsement or approval signed and
dated by the Sanitarian, shall be included on the final plan.
a. All percolation tests and deep test pits shall be witnessed by the Town Sanitarian
and the location and results of each test shall be shown on the subdivision plans.
Each proposed lot shall have a minimum of two test pits located in each of the
proposed primary and reserve leaching areas.
b. Engineered design septic systems may be required and may be permitted to
overcome minor site limitations; however, each lot must be capable of use
without extensive filling or regrading which would result in potential erosion and
sedimentation, excessive vegetation removal, or substantial alteration of natural
drainage systems. When an engineered system is required, such requirement
shall be shown on the final subdivision plans.
5.4.3 Potable Water Supply: Prior to its approval by the Commission, each proposed
subdivision lot shall be submitted to the Town Sanitarian for review to assure that
the lot includes sufficient separation distance from subsurface sewage disposal
systems on or adjacent to the lot to allow installation of an individual well conforming
to the Connecticut Public Health Code Requirements. The Sanitarian shall also note
if there are any know sources of ground water pollution in the area of the proposed
subdivision.
5.5 DRIVEWAYS
A permit to connect a new driveway to a state highway must be obtained from the Connecticut
State Department of Transportation. A permit to connect a new driveway to a town road must be
obtained from the Office of the First Selectman, in accordance with the Town Ordinance
Regulating the Building of Approaches to Any Town Road.
5.5.1 A safe driveway entrance with adequate sight lines for safe vehicular entry onto a
street shall be required for all lots, and adequate vehicular turnarounds shall be
provided within each lot. All driveways shall be provided with paved aprons between
the paved portion of the street and the edge of the street right-of-way. Driveways to
individual lots shall be located, designed and constructed so as prevent excessive
road drainage down driveways or excessive driveway drainage onto public streets.
5.5.2 Shared Driveways: In order to minimize the adverse environmental impact of
development, reduce the need for new driveway cuts, and provide access to
developable land which is otherwise inaccessible due to topographic conditions, the
Commission may allow or may require common or shared driveways to serve more
than one lot. Whenever a shared driveway is proposed, the following requirements
shall be met:
a. The deed for any lot which utilizes a shared driveway shall include all
appropriate easements to pass and repass and install utilities as necessary.
Further, the deed shall contain the provisions that the access driveway shall
not be used to access other property except for agricultural purposes, and
that the Town of Lyme shall not be required to plow, maintain, assume
ownership, or provide school bus service or other services along the driveway
access to such lot. Maintenance agreements for the shared driveway shall be
subject to review by the Commission and or the Town/Commission Attorney.
b. Shared driveways shall be designed and constructed in accordance with the
following standards:
1. Minimum width of right of way: 50 feet;
2. Minimum width of traveled portion: The first 50 feet of a shared driveway,
as measured from the intersection with a town or state road, shall be 22
feet in width, and may be reduced to 18 feet in width beyond the first fifty
feet;
3. Shoulders: Shoulders shall be a minimum of four feet in width. Shoulders
shall be cleared at least three feet back from the traveled portion and
cleared areas shall be properly graded, sloped and seeded to prevent
erosion.
4. A hardened surface may be required for driveway sections with a vertical
slope in excess of seven percent.
5. Construction methods and materials: The traveled portion shall have a
base of 12 inches of compacted gravel, topped with a course of 4 inches
of processed gravel.
5.6
ROAD AND DRAINAGE STANDARDS
5.6.1 Access:
All proposed lots shall have frontage on a town road or state highway in accordance
with the Zoning Regulations of the Town of Lyme. All subdivision lots shall have
direct vehicular access to one or more accepted town roads or state highways by
one of the following means: a proposed public road to be constructed as part of the
subdivision, or a single or shared private driveway.
Access to proposed lots shall be suitably located and adequately constructed to
accommodate both present and future anticipated traffic and shall provide access for
emergency and maintenance vehicles. Roads and driveways shall be designed in
an attractive layout which follows the natural contour of the land, and shall be
located and graded to preserve the natural terrain, substantial trees and woods, and
other natural features which enhance property values and maintain the natural
character of the subdivision. Where possible, road and driveway layouts shall be
planned to avoid excessive storm water runoff and the need for extensive storm
drainage installations.
(1) New Subdivision Roads
a. Design and Construction: All new subdivision roads shall be designed and
constructed to at least the minimum standards of the Town Road Ordinance
and these Regulations. In certain development situations, the Commission
may determine that potential use of the subdivision road will require that the
road be built to greater geometric and construction standards. Such potential
use includes the use of the road as a connector between existing town roads,
when the road could potentially serve as future access to adjacent
undeveloped property, or when the road is intended to provide access to
more than ten lots. A traffic study may be required in accordance with
Section 4.5.2 of these Regulations.
b. Arrangement The arrangement of roads in a new subdivision shall make
provision for the continuation of the principal existing roads in adjoining areas
and shall be such as to cause no hardship to owners of adjoining property
when they develop their subdivision map and seek to provide convenient
access to it to the land.
c. Dead-End Roads Cul-de-sac or dead-end roads shall not exceed 700 feet
except where, due to topographical or other conditions, it would be otherwise
impossible to develop the tract, in which case the road shall not exceed 1000
feet. All dead-end roads shall be provided with a turn-around consistent with
the requirements of the Road Ordinance of Lyme.
d. Width No road shall have reserved right of way of less than 60 ft, including
the traveled portion and shoulders. All other road design and construction
shall comply with the minimum requirements of the Town Road Ordinance.
e. Road Names and Signs. Roads which are designed to connect and align
directly with other roads shall bear the same names. No duplication of street
names is permitted and similar sounding names shall be avoided. Road
names shall be appropriate to the character of the town and shall reflect the
geographic or historic aspects of the area in which the road is located. All
street names are subject to the approval of the Commission. Developers
shall erect street signs substantially similar to the design generally used by
the Town of Lyme.
(2) Improvements to Existing Roads
Where the proposed subdivision abuts an existing town road which does not have the
minimum right-of-way width required in these Regulations and the Town Road
Ordinance, the applicant shall convey to the town sufficient land along such road as to
permit its widening and/or straightening to conform to town standards. The applicant
shall also convey any necessary drainage easements or sloping rights to improve the
road to town road standards. When 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.
Where the property to be subdivided abuts a state highway, the applicant may be
required to convey land for road widening, or easements for drainage or grading
purposes to the Town of Lyme or the State of Connecticut as appropriate.
(3) Private Driveways: Access driveways shall meet the requirements of Section 5.5.
5.6.2 Stormwater Runoff
A stormwater management report, as described in Section 4.5.3 of these
Regulations, shall be prepared for all subdivisions involving the creation of new
roads and for other subdivisions containing private roads and or sensitive
environmental areas as the Commission may require.
(1)
An adequate subsurface storm water drainage system shall be provided unless, in the
opinion of the Commission, the natural topography and/or suitable access to natural
water courses make storm drains unnecessary. The applicant shall take all
appropriate and feasible measures to reduce the increase in both runoff rate and
volume from the proposed development by minimizing the use of impervious surfaces,
retaining natural vegetation on site, and using other low impact development
management practices.
a. No water courses shall be altered or obstructed in such a way as to reduce natural
run-off capacity of surface water unless an alternative means of maintaining run-off
capacity is provided.
b. The Commission shall require that the subdivision applicant reserve sufficient
easements for storm water drainage and maintenance of stormwater management
features. All drainage easements shall have a minimum width of twenty feet.
c. In designing a stormwater management system for the subdivision, the designer shall
be guided by the recommendations of the 2004 Connecticut Stormwater Quality
Manual, prepared by the Connecticut Department of Environmental Protection.
5.7 OPEN SPACE
5.7.1 Requirements for Open Space
(1) Purpose: Areas for open spaces, parks and playgrounds 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 open space needs determined
by the Commission. Such needs may include, but are not limited to the following:
a. Preservation of rural character and maintenance of the scenic resources of
Lyme by retaining natural open space areas where they are most visible from:
public roads, parks and open watercourses; including buffer strips along
roadways, ridgetops, wetlands and watercourses; with visual corridors and
vistas.
b. Maintaining the Town’s agricultural character through the preservation, in
perpetuity, of lands suitable for farming activities.
c. Conservation and protection of natural resources including: ledge
outcroppings, ravines, significant woodlands, stands of unique or scenic trees,
unusual trees, wetlands, watercourses, aquifers, retention of natural drainage
ways, wildlife habitat, and other unusual environmental, ecological,
topographical and physical features.
d. Use of open space to integrate or separate various types of uses and
activities; and with the objective of meeting neighborhood and community-wide
recreational needs
e. Preservation of historic and cultural resources in an appropriate setting,
including historic and archaeological sites, stone walls, cemeteries, trails, and
the like.
f. Provision of active and passive recreation
(2) Conformance with Lyme Plan of Conservation and Development
The reservation of land for open space shall conform to the Lyme Plan of
Conservation and Development, and any other plan for conservation of open
space, parks, playgrounds, or recreation land which has been formally adopted by
the Lyme Planning and Zoning Commission.
(3) Character of Open Space Land While recognizing that each subdivision open
space dedication must be uniquely determined, the Commission will be guided by
the objectives cited in Section 5.7 (1) above and the use and scope of the
subdivision proposal, coupled with the need to provide a balance of open space
types throughout the Town of Lyme. The Commission may require open space
which includes a variety of landforms, habitat, and vegetation, including both
wetlands and uplands, steep topography and flat areas, vistas and visual
enclosures, riverine areas and hilltops, or other natural resources. Tidal wetlands,
inland wetlands, watercourses or open water shall not be included when
calculating the percentage of land area reserved as open space in subsection (4)
below..
(4) Dedication Requirements In determining the need for open space, the Commission
shall be guided by, but not limited to, a standard of 15% of the land area of the
subdivision, with a minimum reservation of one acre. The Commission may
determine that additional open space areas should be preserved because of the
unique qualities particular to a specific location. The Commission may also
determine that a lesser area is sufficient or that such reservation is not feasible due
to the quality and location of the land within a particular subdivision.
a. Fee in Lieu of Open Space If there is insufficient suitable or practical area for
reservation of open space land, for whatever reason, or if there are other areas in
the Town of Lyme where preservation would be more beneficial to the public
health, safety and welfare, then the Commission, in its sole discretion, may
require the provision of a fee to the Town of Lyme, or combination of fee and
transfer of land to the Town of Lyme, in lieu of the requirement to provide open
space. The combination of payment plus the fair market value of the land
transferred shall not be more than ten percent (10%) of the fair market value of
the total amount of 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. The monetary fee shall be paid to the Town of
Lyme in accordance with the provisions of Section 8-25 of the Connecticut
General Statutes, and placed in a fund in accordance with the provisions of CGS
8-25b.
(5)
Location Open Space shall be located, consistent with the requirements of Section
5.7, and so as to protect specific natural and cultural features, preserve scenic views
and vistas, prevent unsightly development of ridge tops, provide natural buffers,
provide for parks, recreational needs and as otherwise required by the Commission,
based on the purpose for which it was intended.
(6)
Condition of Land: Land reserved for open space shall not be used for the storage
of equipment or the deposit of debris. Open space land for conservation purposes
shall not be excavated, filled or regraded, and the trees and dead vegetation shall
not be removed, and the understory shall not be cleared, except in accordance with
a plan approved by the Commission. Open space land for conservation purposes
shall not be subject to introduction of non- indigenous species, fertilization,
herbicides, pesticides and may not be used by domestic animals
(7)
Access The Commission may require that open space areas be made easily
accessible from a public road, or situated so as to connect with and provide access
to other areas of reserved, or proposed open space on adjacent properties. Proper
pedestrian and vehicular access, including parking areas, may be required for each
such reservation.
a. Where a proposed subdivision abuts coastal waters (including the Connecticut
River), the Commission may require such open space in the form of public
access to and along the waterfront, and with the inclusion of any appurtenant
structures that may be required in accordance with the provisions of the
Connecticut Coastal Management Act (Connecticut General Statutes Chapter
444).
(8)
Boundary Lines The Boundary lines of all open space shall be set in the field and
marked by permanent, readily visible markers at: the intersection of any lot line,
road or perimeter lines and at intervals of 100 feet along the boundaries of all
open space parcels. Rights-of-way to open space parcels which are 50 feet in
width, or less, shall be marked by intervals no greater than fifty feet. The
Commission may approve of the type of permanent marker employed, i.e.:
concrete, bronze, pipe or other.
(9)
Methods of Open Space Reservation Open space areas required under this
Section shall be permanently reserved for the designated use by means
acceptable to and approved by the Commission, such as, but not limited to the
following
a.
Deeded to a non-profit organization acceptable to the Commission. The
non-profit organization shall be a private, non-profit, non-stock corporation,
which has as its purpose the preservation of open space land, such as the
Lyme Land Conservation Trust Inc., The Nature Conservancy, or other such
organization. The deed to such organization shall contain language
satisfactory to the Commission, requiring that the land be held in perpetuity as
open space for the benefit of the general public. The Commission may
require that a copy of the organization’s Certificate of Incorporation be
submitted for its review. The deed to the organization shall contain the
provision that in the event of the dissolution of the corporation, the property
shall be conveyed to the Town of Lyme, or subject to the approval of the
Commission, to another non-profit organization if the Commission determines
that such conveyance would be in the best interest of the Town.
b.
Deeded to the Town of Lyme. Where open space areas are to be conveyed
to the Town, the applicant shall convey them at the stage and in condition
agreed upon in connection with the processing and approval of the
subdivision
c.
Held in corporate ownership by owners of lots within the subdivision. Open
space may be conveyed by warranty deed to a homeowners’ association
within the subdivision upon such terms and conditions as specified by the
Commission. When open space is conveyed in this manner, a copy of the bylaws of the homeowners’ association shall be submitted as a part of the
application for the subdivision. Membership in such corporation shall be
mandatory for all lot owners within the subdivision. Each deed conveyance to
the lot owners shall include the membership stipulation, the beneficial right in
use of the open land, and all other pertinent restrictions, and shall be
recorded in the Land Records of the Town of Lyme. The documents shall
provide that if maintenance or preservation of the dedication no longer
complies with the provision of the document the Town may take all necessary
action to insure compliance and assess against the association and its
members, all costs incurred by the Town for such purposes. Wording on each
deed shall state that such open land is reserved for use only as open space in
perpetuity.
d.
Subject to perpetual easement, for conservation purposes. The Commission
may approve the granting of a conservation easement in perpetuity over
property within the subdivision to the Town or to a non-profit organization
acceptable to the Commission. The term “conservation easement” includes
historic preservation easements, agricultural preservation easements, scenic
easement, open space easements, conservation restrictions and restrictive
covenants, and other essentially similar restrictions on land use. The
easement shall restrict the grantor and his successors from construction of
any structure, sign (except for signs noting the covenants recipient), fence, or
other improvement on the open space area, or alteration of the contours
thereof. It may also restrict the cutting of trees and clearing of brush and
contain other terms appropriate to the subject parcel. Land which is reserved
by conservation easement cannot be used to satisfy minimum lot area.
(10)
Conditions of Open Space Conveyance. In determining whether the
proposed entity is appropriate to own the proposed Open Space, or whether
to require Open Space in locations other than those proposed, the
Commission shall consider the following factors:
a. The ownership of any existing, or proposed Open Space on adjacent
properties, or the proximity to non-adjacent Open Space which might
reasonably interconnect with the proposed Open Space in the future;
b. The proposed use of the Open Space for active or passive uses, and the
extent of maintenance, supervision, or management required;
c. The potential benefits which the Open Space might provide to residents to
the Town or the State, if it were accessible to them;
d. The size, shape, topography and character of the Open Space;
e. The recommendations of the Lyme Plan of Conservation and Development;
and
f. The reports or recommendations of any State or Town agencies, including,
but not limited to: the Lyme Board of Selectmen, the Lyme Conservation
Commission/Inland Wetlands and Watercourses Agency, the Recreation
Commission, the Southeastern Connecticut Council of Governments
Regional Planning Commission, the Connecticut River Gateway
Commission, and the Connecticut Department of Environmental Protection
(11) Title to open space land shall be unencumbered, and at the time the approved
subdivision plan is filed, the applicant shall record on the Lyme Land Records
all legal documents associated with this Section 5.7 which shall be subject to
review by the Town or Commission Attorney and approval by the Commission.
(12) Exemptions From Open Space Disposition Requirements. In accordance with
Public Act 90-239, Section 1, the provisions of this Section 5. shall not apply if:
a. the transfer of all land in a subdivision of less than five (5) lots is to a parent,
child, brother, sister, grandparent, grandchild, aunt, uncle, or first cousin of
the property owner for no consideration. Such intended transfer shall be
evidenced by covenants, restrictions, contracts, or other legally binding
documents as the Commission may approve, which documents shall be
filed in the Land Records in accordance with the procedure and other
requirements of these regulations. If the Commission determines, based on
events subsequent to the approval of such subdivision, that such transfers
were intended to be temporary, and for the sole purpose of evading the
requirements of this Section, the Commission may, following a public
hearing with notice by certified mail to the violator, void in whole or in part,
any such subdivision approval, and may cause notice thereof to be filed in
the Lyme Land Records.
b. The subdivision is to contain affordable housing, as defined in Section 8-39a
of the Connecticut General Statutes, equal to twenty (20%) percent or more
of the total housing to be constructed in such subdivision. Such restrictions
for affordable housing shall be evidenced by such documents as the
Commission may require, and such restrictions shall run with the lots
affected thereby in perpetuity. If, subsequent to approval of the Subdivision,
the lots designated for affordable housing shall not be sold for that purpose,
the Commission may, following a public hearing with notice by certified mail
to the violator, void, in whole or in part, any such subdivision approval, and
may cause notice thereof to be filed in the Lyme Land Records.
c.
Dedication for Other Municipal Purposes. In the event the subdivider
desires to transfer to the Town land for other municipal purposes such as
future schools, fire houses, etc., the dedication provisions of this Regulation
shall be met. The Commission may consider such a municipal dedication
as a credit toward any Open Space disposition requirements, but may not
require such dedication.
5.8 DESIGN STANDARDS FOR PRESERVATION OF NATURAL, CULTURAL
AND ARCHAEOLOGICAL FEATURES
5.8.1 Natural features: All subdivisions shall be laid out to preserve and enhance existing
natural features, including all wetlands and watercourses, large individual trees and
tree stands, unusual topography, ledge faces, ridge tops, rare or endangered
species of fauna and flora, scenic views and vistas. Specifically, the following
design principles shall be used in designing the subdivision:
a. Avoid excessive cuts, fills and regrading which result in potential soil erosion,
unnecessary tree and other vegetation removal, and disturbance to water
resources.
b. Maintain water courses and wetlands in their natural location and avoid
relocation or encroachment thereon.
c. Retain and protect large specimen trees and large areas of unfragmented
forest.
d. Any proposed lot which is found to be unsuitable for occupancy and building
by reason of water or flooding conditions, unsuitable soils, topography,
ledge rock or other adverse conditions shall be combined with another
contiguous lot that is suitable
5.8.2 Historic, cultural and archeological features: Due regard shall be given to
preservation and potential enhancement of historic and cultural sites and buildings,
including stone walls, and of identified archaeological sites.
a. Upon receipt of a preliminary plan, if one is submitted, or upon receipt of a formal
application, the Commission may refer a copy of the plan to other agencies or
individuals for comment concerning the location of cultural resources on or near the
site of the proposed development. Such referrals may include the Connecticut
Commission on Culture and Tourism, the State Archeologist, or 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 the subdivision application. The cultural resources assessment
plan shall describe procedures that will be taken to catalog, protect, preserve and/or
properly remove the identified cultural resources. The Commission shall not
approve a proposed subdivision unless it determines that the proposed project has
been revised or modified to protect cultural resources and mitigate adverse impacts
to the satisfaction of the Commission.
b. Any historical or culturally significant sites shall, where possible, be left undisturbed
and may be considered in meeting the Open Space requirements of Section 5.7.
5.8.3 Cemeteries: All cemeteries within a proposed subdivision shall be protected by a
permanent conservation easement, along with a thirty foot protective buffer, as
measured from stone walls or fences surrounding a cemetery, or from any identified
grave (in the absence of walls or other demarcated boundary). The easement shall
allow for reasonable visitation and maintenance of the cemetery.
5.8.4
Public access: Suitable public access to any preserved feature may be required by
the Commission.
5.8.5 Road layout: Subdivision roads and driveways shall be laid out to minimize the
disruption and fragmentation of natural areas to protect water quality, habitat and
diversity of natural ecosystems.
5.8.6 Individual lot layout: Individual lot layout plans shall show the proposed area of total
lot disturbance, which shall include all areas disturbed for the purpose of
constructing buildings, structures, driveways and septic systems, as well as all
graded areas and lawns. Existing vegetation shall be preserved in areas where
disturbance is not necessary for construction and use. Areas used for agriculture,
pasture or woodlot management need not be shown. Existing fields may be
maintained through mowing and cutting. Development of disturbed areas shall be
guided by the standards for minimum impact set forth in Section 5.3.9.
5.8.7 Stream buffers: In accordance with the Zoning Regulations, to protect water quality
and habitat, a vegetative buffer at least fifty feet in width or greater shall be
maintained along streams and rivers within the Watershed Overlay District. The
Commission may require a buffer is other locations to protect stream quality. Where
possible, existing vegetation shall be maintained within the buffer. In the absence of
existing vegetation, the Commission may require that a buffer strip be planted and
maintained using native non- invasive species.
5.8.8. Roadside buffer: In wooded areas, where feasible, a treed area shall be maintained
along existing town roads except where necessary to construct a driveway to access
a subdivision lot. Combined driveways are encouraged to minimize road cuts and
retain the rural character of the town.
5.8.9 Hill and ridgetop development: Proposed structures shall be located so as to reduce
the visual impact of the structure on the surrounding landscape.
5.9 FIRE PROTECTION
In order to assure that all new developments have an adequate water supply for the purposes of
fire protection, the Commission may require the implementation of a fire pond, fire well, cistern,
underground storage tank or other suitable source, including the ancillary amenities with the
appropriate access and maintenance requirements. The ownership of these facilities shall be the
individual owners of the property or the homeowners association where applicable. All
maintenance will be the responsibility of the aforementioned owners.
5.9.1 Prior to the submission of the subdivision application, the applicant shall consult with
the Lyme Fire Chief and Fire Marshal to determine the need for a water supply
facility. If such an additional water supply is found to be desirable and feasible, the
Commission may require designation or construction of such a facility. Among the
criteria to be used in determining the design, location, size and other pertinent details
of the facility, the following should be considered:
a. The location, type, distance and availability of the nearest acceptable or
alternative water sources;
b. The roadway conditions, grades, character and other travel factors in transporting
water to the subdivision;
c. The possible number, type, size and accessibility of any structures within the
subdivision;
d. The contemplated density of lots and structures within the neighborhood.
5.9.2
If required, the fire suppression water supply shall be installed at the expense of the
developer and with the cost included in the subdivision bond. The facility shall be
installed prior to the issuance of a Certificate of Occupancy for any structure within
the subdivision.
5.9.3 The fire suppression water supply shall include appropriate legal access and
maintenance covenants in favor of the Town of Lyme and the Lyme Fire
Department.
5.10 MARKERS AND MONUMENTS
5.10.1 Permanent markers shall be installed at all points of change in direction or curvature
of new streets along the line separating the street right of way and the adjoining
property, and at other points as shown on the final plan, where in the judgment of
the Commission permanent markers are necessary. Open Space markers shall be
installed as required in Section 5.7.1(8). Permanent markers shall be installed at all
lot corners and intermediate points as deemed necessary by the Commission.
Common driveway access markers shall be installed on both sides of the common
driveway at intervals of not more than 100 feet for the length of the driveway.
a. Markers shall be of such material, size and length as the Planning and Zoning
Commission shall specify.
b. No permanent markers shall be installed until all construction which could
destroy or disturb the markers has been completed. In the event that any marker
is destroyed of disturbed during construction of subdivision improvements, the
marker shall be replaced or repositioned prior to the release of the subdivision
construction bond.
c. Certification of installation: The accurate placement and location of markers and
monuments shall be certified by a land surveyor and the cost of such shall be
included in the construction bond. In subdivisions where the property markers
are the only improvement, the applicant shall post a bond to cover the cost of
installation and certification of markers.
5.11
ENERGY EFFICIENCY
The applicant shall demonstrate to the Commission that consideration has been given, in
developing the plan, to the use of passive solar energy techniques which would not significantly
increase the cost to a buyer of and dwelling to be erected on lots shown on such plan, after tax
credits, subsidies and exemptions. As used in this section, “passive solar energy techniques”
means site design techniques which maximize solar heat gain, minimize heat loss and provide
thermal storage with a building during the heating season and minimize heat gain and provide for
natural ventilation during the cooling season. The site design techniques shall include, but not be
limited to: (1) house orientation; (2) street and lot layout; (3) vegetation; (4) natural and man-made
topographical features; and (5) protection of solar access within the development.
5.11.1 Construction in Required Yards
Solar energy systems may be constructed in a rear or side yard. The facility or
system shall be located at least six feet from any rear or side boundary and, in
addition, must be located a minimum of six feet from any adjoining residential
structure. Solar energy systems are also exempt from front yard depth requirements
when it can be demonstrated that solar access, protection or control of the south
facing wall of the structure will be substantially hindered by the front lot depth,
provided that the facilities meet the requirements of Section 7.5 of the Lyme Zoning
Regulations and a special permit is granted by the Lyme Planning and Zoning
Commission as provided for in Section 7.5 of the Lyme Zoning Regulations
5.11.2 Height Exceptions
The provisions of these regulations limiting the maximum height of buildings shall
not apply to restrict the height of solar panels or similar uses but are subject to the
granting of a special permit by the Lyme Planning and Zoning Commission as
provided by Section 7.2 of the Lyme Zoning Regulations.
5.11.3 Solar Energy
Nothing in these regulations shall prohibit the projection of apparatus needed for the
operation of active and passive solar energy systems including but not limited to
horizontal overhang over the south facing glass areas up to one-half of the height of
the glazed opening, movable insulating walls and roofs, detached solar collectors,
reflectors and piping, so long as there is no detrimental effect on the adjoining
property and subject to the granting of a special permit by the Lyme Planning and
Zoning Commission as provided by Section 7.5 of the Lyme Zoning Regulations.
5.11.4 Solar Access Protection Not Required in Certain Locations
Solar access may not be necessary on the north side of a mountain or hill, where
buffer strips have been required by the Town which block solar access, or where
other actions taken by the Town block access.
5.11.5 Orientation
In a subdivision where solar access is deemed desirable or necessary by the
Planning Commission the following regulations shall be enforced:
a. Building Orientation: Buildings should be oriented with the long axis oriented east
and west with a possible 10 degree variation to the southwest. This created the
best possibility that large roofs and walls may receive solar radiation.
b. Lot Orientation: Whenever possible lot lines should be oriented so that they run
east and west or north and south, which directions have the best opportunity for
orienting buildings toward the sun.
c. Street Orientation: Where the topography and soil/ledge conditions will permit,
streets shall be oriented so that they run in an east-west direction. In the case
of new subdivisions where the topography, soil/ledge or previous street
orientation prohibits east-west orientation of new streets the layout of the lots
and buildings shall be adjusted for orientation to the sun
5.11.6 Vegetation Siting
a. Existing Vegetation: In order to protect as much existing vegetation as possible
and still allow for solar access, buildings should be located in that location which
protects and ensures long life to the youngest and healthiest trees, bushes and
plants.
b. Planting plans for new development shall be submitted which ensure that no
new vegetation denies new building solar access. If new vegetation is
planned or required a shadow plan shall be submitted identifying location,
species and shadow area at maturity.
SECTION 6
BONDS
ASSURANCE OF COMPLETION OF IMPROVEMENTS
6.1
BONDS
No plan of subdivision shall be finally approved until the applicant has furnished a cash bond, a
surety bond upon a Connecticut licensed surety company, or other security acceptable to the
Town of Lyme in a sum and on terms satisfactory to the Board of Selectmen and the Commission,
conditioned upon the completion of the work within the statutory period provided for such
completion. The form of the bond, as required by the Town shall be satisfactory to the Treasurer
of the Town. In the event the Commission shall deem it in the best interests of the Town to extend
the completion date of any such bond, such bond may be extended by the Commission, provided
both principal and surety company have joined in an application to the Commission for such
extension.
6.1.1 Bond Requirements
(1) The bond must be posted and continuously maintained for the duration of the five
year project (or other time for completion as designated by State Statute) unless
released by vote of the Planning and Zoning Commission.
(2) Should the developer be unable to complete the bonded site improvements in a
manner satisfactory under Town requirements, the bond deposited with the Town
may be used by the Town to complete 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
.
6.1.2 Release of Bond: Upon completion of improvements and upon acceptance of such
improvements by the Town, the bonds as required under Section 3.11 of these
Regulations shall be released by the Selectman upon the substitution thereof of a
maintenance bond in the amount of twenty-five hundred dollars ($2,500) or one tenth
(1/10) of the cost of improvements, whichever is greater, to continue for a period of
one (1) year from the date of Town acceptance, guaranteeing to remedy construction
or to indemnify the Town for repairing such defects. Application by written
communication to the Board of Selectmen for approval of portions of the total
improvements may be made upon completion of such portions. If such portions are
accepted, the one year period for the maintenance bond for the portions accepted will
commence as of the date of acceptance and a pro-rated reduction in the bond may
be approved by the Selectmen. The contractor or developer shall, when notified by
the First Selectman, promptly and at his own expense, repair all failures in the
construction and operation of structures and appurtenances which may occur during
the maintenance period; and he shall similarly repair all defects, settlements and
irregularities of the structures and appurtenances or drains, pipes, mains or conduits,
curbs, gutters, sidewalks, road surfacing, land turfing, catch basins, retaining walls or
other structures or improvements on the line of the work or adjacent thereto occurring
during the maintenance period which are caused by or affected by his work. If the
contractor or developer fails to remedy such defects within a reasonable time, not to
exceed sixty (60) days after the notice, the First Selectman may, without prejudice to
any other remedy and upon written notice to the contractor or developer and surety
company, cause the required repairs to be made and bill the contractor or developer
or the surety company for the cost of the work then involved. Before release of the
cash or surety bond, a registered professional engineer, selected and approved by
the Board of Selectmen and the Commission, shall certify one of the following:
(1) That all work required to be performed by the developer under such bonds shall
have been done in substantial compliance with the final subdivision plans as
approved by the Commission, or
(2) The site has been restored 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 including tree clearing and grading will commence, unless and until
a bond for completion of work is posted with the Commission. Violation of this
provision shall be grounds for revocation of the subdivision approval.
6.2
UTILITIES INSTALLATION
In the case of electric power lines and other utilities to be installed by a public utility corporation or
government body, or a municipal department, a statement in writing by the installer that the work
will be done within a reasonable time and without expense to the Town of Lyme shall be furnished
to the Commission.
6.3
SEPARATE SEDIMENTATION AND EROSION CONTROL BOND
Measures and facilities specified on the Soil Erosion and Sediment Control Plan shall be
guaranteed by a separate cash or savings account bond. In the event of failure of the developer
to maintain proper sedimentation and erosion controls on the subdivision site, the bond required
under this Section may be used by the town to stabilize eroding areas, remove sedimentation, and
otherwise correct sedimentation and erosion problems on site.
6.4 SEPARATE BOND FOR MARKERS AND MONUMENTS
The Commission may require a separate bond to assure the installation of subdivision property
markers and monuments, as required in these Regulations. The bond will be in amount sufficient
to pay for a licensed surveyor to accurately locate and install markers.
SECTION 7
ALTERNATIVE SUBDIVISION DESIGN
(RESERVED FOR FUTURE USE)
SECTION 8
AMENDMENTS AND VALIDITY
8.1 AMENDMENTS
These regulations may be amended by the Commission at any meeting called for the purpose
after a public hearing, notice of which shall be given in accordance with the provisions of Chapter
126 of the Connecticut General Statutes.
8.2 VALIDITY
If any section, paragraph, subdivision, clause or provision of these regulations
shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision,
clause or provision so adjudged, and the remainder of these regulations shall be deemed valid
and effective.
SECTION 9
EFFECTIVE DATE
9.1
These regulations shall take effect September 25, 2007.