The purpose of this article is to address the role of the Zoning Enforcement Officer (ZEO) and the permitting requirements for new or changed land uses, new construction, alterations or building additions.
The intent of this article is to outline the basic requirements of land use control within the Town of Newtown.
The Commission shall designate one or more Zoning Enforcement Officers (ZEO), one of whom may serve as the Chief Officer and all other Zoning Enforcement Officers shall serve under his direction. Where reference is made in these regulations to "Zoning Enforcement Officer" in the singular, it shall be deemed to be a reference to any and all Zoning Enforcement Officers who have been appointed hereunder.
Said ZEO shall be authorized to:
Administer and enforce these regulations.
Implement and enforce the decisions of the Commission and the Zoning Board of Appeals (ZBA).
Issue zoning permits as hereinafter set forth.
Make the inspections required in the administration and enforcement of these regulations and the decisions of the Commission and the Zoning Board of Appeals.
Issue or deny certificates of zoning compliance as set forth herein.
Approve building permit applications for zoning compliance.
Inspect any lot, premises, building or use, whether public or private, where said ZEO has reason to believe it is or is about to be in violation of these regulations.
Issue orders to cease and desist from the violations of these regulations.
If violations are not discontinued within 10 days of such order, the ZEO may institute civil actions to recover fines and/or additional civil penalties as provided by statute.
A property owner, lessee, or agent thereof may appeal the issuance of a cease-and-desist order to the Zoning Board of Appeals within 30 days of such issuance.
Institute civil actions in accordance with the General Statutes of Connecticut to prevent or abate violations of these regulations.
Seek approval to issue warrants for the arrest and conviction of any owner, lessee, or agent of such owner or lessee of any building, premises or part thereof in which a violation of these regulations has been committed or is being committed and/or the architect, builder, contractor or any other person who commits, takes part or assists in any such violation.
A building permit application is obtained from the Building Department. The building permit application is reviewed by the Zoning Enforcement Officer (ZEO) for zoning compliance. A building permit application shall be accompanied by a site plan and sufficient written information to enable the ZEO to make a determination that the proposed building, structure or use complies in all respect with the provisions of these regulations. Such application shall be signed by the property owner(s) or his/her agent.
Whenever such application concerns an external structural change, including, but not limited to, new construction, an addition or external structural alteration to an existing structure, the applicant shall calculate the average finished ground level at each side of the proposed structure, existing structure or any proposed external structural alteration.
Before the ZEO signs a building permit for any proposed use or new construction, all other applicable permits required pursuant to the Newtown Sanitary Code as to wells and sewage disposal systems, Water and Sewer Authority, Inland Wetlands Commission, or a driveway permit pursuant to Chapter 185, Road Construction, shall be obtained by the applicant.
No such building permit shall be issued unless the ZEO has certified in writing that the proposed building or use complies with all the provisions of these regulations and all conditions which have been imposed by the Commission or Zoning Board of Appeals, as applicable.
Before any land, building or other structure is devoted to a new or changing use, whether or not the owner believes such new or changing use is in conformance with these regulations, a zoning permit shall be obtained from the ZEO or, if required, a site development plan or special exception approval shall be obtained in accordance with Part 10 or 11, as applicable.
Before a zoning permit for any proposed use is approved by the ZEO, all other applicable required permits pursuant to the Newtown Sanitary Code as to wells and sewage disposal systems, Water and Sewer Authority, Inland Wetlands Commission, and a driveway permit pursuant to Chapter 185, Road Construction, shall be obtained by the applicant.
No such zoning permit shall be issued unless the ZEO has certified in writing that the proposed use complies with all the provisions of these regulations and all conditions which have been imposed by the Commission or Zoning Board of Appeals, as applicable.
No lot or building shall be occupied or used in whole or in part until a certificate of zoning compliance has been issued by the Zoning Enforcement Officer (ZEO) stating that the lot, building or structure complies with all the provisions of these regulations.
When the building or structure is complete and ready for occupancy or use, the applicant shall notify the ZEO, who shall, within 30 days from the receipt of such notice, inspect the lot, building or structure and issue a certificate of zoning compliance if such lot, building or structure complies with all of the provisions of these regulations, and any special conditions imposed by the Commission or the Zoning Board of Appeals.
Prior to issuing a certificate of zoning compliance, the ZEO may require further written statements from the owner, his agent or any person who is to occupy the premises concerning any information he deems necessary to determine whether or not the provisions of these regulations are being and will be met.
Where a portion of a building or structure is ready for occupancy or use, the ZEO may issue a certificate of zoning compliance as to that part only and no other portion of said building, or structure, may be used or occupied until a subsequent certificate(s) of zoning compliance is (are) obtained therefor.
In a common-interest community, each individual unit owner shall, in addition to the requirements above, also obtain a certificate of zoning compliance.
The ZEO's approval of a building certificate of occupancy shall be the equivalent of a certificate of zoning compliance.
A certified survey by a licensed land surveyor meeting the requirements of a Class A-2 survey of the Connecticut Technical Council shall be filed with the Zoning Enforcement Officer (ZEO) under the following circumstances:
If the construction is an addition to an existing building or structure, the survey shall be filed upon application for the permit.
Upon completion of the foundation for a new building or structure for which zoning and building permits have been issued, a survey shall be filed. No further work shall be done on such building or structure after completion of the foundation until said survey has been filed with the ZEO.
Where the building or structure has no foundation, such as a tennis court or swimming pool, the survey shall be filed with the application for the permit indicating that the location of the proposed structure has been staked on the ground, and the applicant shall build the structure in the location staked.
Any such survey shall contain:
The location of all existing and proposed buildings, structures, watercourses, wells, septic fields and property lines; and
Such measurements between said objects and lines as are adequate for the ZEO to determine:
That the minimum front, side and rear yards are being maintained;
That setbacks from watercourses and water bodies required by the Newtown Sanitary Code are provided; and
That the septic tank, septic fields and well will have the setbacks from each other and from all buildings, structures and lines as required by all applicable statutes, codes, ordinances or regulations.
Notwithstanding the requirements above, no lot or street line need be surveyed which meets all of the following criteria:
The street or lot line is a physical boundary, including but not limited to such things as fences, stone walls, brooks, roads, etc., or a boundary and the existing structures have been delineated on a survey or Newtown Geographic Information System (GIS) mapping, with source maps on file to the satisfaction of the ZEO; and
The applicant proves to the satisfaction of the ZEO that the boundary in question is not in dispute; and
The ZEO can field-verify that the proposed structure is located more than 10 feet in excess of the required yard setback.
[Added effective 4-14-2003]
Any "as-built" survey filed with the Zoning Enforcement Officer (ZEO) and any lot line revision approved herein shall be submitted in both paper and electronic formats. The electronic format shall be for purposes of updating the Town's Geographic Information System (GIS) and shall meet the following criteria:
Drawings shall be on a compact disk (CD);
Electronic drawings shall be in a format prescribed by the Town's GIS Coordinator; and
A certification letter stating that the electronic drawing is a copy of the survey map that was presented to the ZEO shall accompany electronic drawings. A land surveyor licensed by the State of Connecticut shall certify the letter.
The violation by any person seeking a zoning permit or certificate of zoning compliance of the provisions of the Inland Wetlands and Watercourses Regulations, Newtown Sanitary Code, the Newtown Road Ordinance, the Land Subdivision Regulations, Zoning Regulations or any other regulations within the "police power," so-called, subsequently adopted by the Town of Newtown acting through its legislative body or its boards or commissions, shall constitute a violation of these regulations and, while said violation is continuing, shall be sufficient cause to refuse to issue or revoke said zoning permit or to refuse to issue said certificate of zoning compliance.