[Amended by referendum11-8-2022]
(a)
There shall be a Planning and Zoning Commission which
shall have all the powers and duties conferred and imposed by the
General Statutes upon zoning commissions and planning commissions,
subject to the limitations and exceptions stipulated in this Charter,
and all of the powers and duties conferred and imposed by this Charter.
(b)
The Planning and Zoning Commission shall consist of
seven (7) electors of the Town and alternates as provided by statute,
and the Town Planning Commission, as constituted at the time of approval
of this Charter amendment by the electorate, shall be the Planning
and Zoning Commission. On or after the effective date of this Charter
amendment, the Board of Directors shall stagger the terms of members
of the Planning and Zoning Commission with the terms of not more than
two members expiring in any year. At the expiration of the respective
terms of the members thereof, their successors shall be appointed
by the Board of Directors for terms of five (5) years each and all
future appointments to the Commission shall be made by the Board of
Directors. No salaried Town officer may be appointed to membership
on said Planning and Zoning Commission.[1]
Effective November 17, 2025, the Planning and Zoning Commission
shall consist of nine (9) electors of the Town and alternates as provided
by statute, and the Town Planning Commission, as constituted at the
time of approval of this Charter amendment by the electorate, shall
be the Planning and Zoning Commission. On or after November 17, 2025,
the Board of Directors shall stagger the terms of members of the Planning
and Zoning Commission with the terms of not more than two members
expiring in any year. At the expiration of the respective terms of
the members thereof, their successors shall be appointed by the Board
of Directors for terms of five (5) years each and all future appointments
to the Commission shall be made by the Board of Directors. No salaried
Town officer may be appointed to membership on said Planning and Zoning
Commission.
[1]
Editor's Note: See Ord. No. B-141.
[Amended by referendum 11-4-2003]
(a)
The Commission shall adopt a plan of conservation
and development and any parts thereof and amendments thereto in accordance
with the General Statutes.
(b)
(Reserved)
(c)
Effect. The plan of conservation and development or
part thereof or amendment thereto shall serve as a guide to all Board
of Directors' and Planning and Zoning Commission actions concerning
land use and development ordinances and regulations, urban renewal
programs and expenditures for capital improvements.
All plans of subdivision and resubdivision of
land shall be approved by the Commission in accordance with the General
Statutes. The Commission shall, with the concurrence of the Board
of Directors, adopt regulations governing the subdivision of land
in conformance with the General Statutes.
The Commission shall have the power, whenever
they deem it for the public good, to designate, establish and, from
time to time, alter building and veranda lines, or either, on the
land of proprietors adjoining any highway within the Town between
which line and such highway no building or part of a building shall
thereafter be set up or erected, provided the aggregate damages payable
in consequence of the establishment or alteration of a building or
veranda line under the provisions hereof shall not exceed the aggregate
special benefits assessed hereunder upon the property benefited thereby.
[Amended by referendum 4-30-1968; amended by
referendum11-8-2022]
Before establishing or altering any building or veranda line, and before making any appraisal of damages or assessment of benefits therefor, a public hearing shall be given by the Commission to all parties in interest, and notice of the time and place of such hearing shall be given by causing a copy of the proposed order designating and establishing or altering any building or veranda line, with a notice of the time and place of hearing thereon, to be filed in the Town Clerk's office and published in the same manner as provided for giving notice of a public hearing in § 3-8 of this Charter, and by depositing a like copy in any post office in said Town, postage prepaid, directed to the person or persons interested at their last-known post office address.
After such hearing, the Commission may establish
the building or veranda line in accordance with such proposed order,
or may modify the line as proposed in such order and establish the
modified line, and shall appraise all damages therefor to the persons
entitled to such damages, and shall assess upon the parties whose
land is specially benefited by the establishment or alteration of
such line, betterments or benefits therefor in proportion to the actual
damages and special benefits to each respectively, and shall, within
ten (10) days after establishing such line, appraising damages and
assessing benefits therefor, cause the order establishing such line
to be filed for record in the Town Clerk's office with a certificate
signed by them, setting forth the damages appraised and benefits assessed
on account thereof and shall also, within ten (10) days, cause such
order and certificate to be published at least once in a newspaper
having a circulation in the Town and a copy thereof to be sent by
registered letter, postage prepaid, to all persons in whose favor
damages are appraised or against whose land benefits are assessed.
Any person aggrieved by such appraisal of damages
or assessment of benefits, or both, may, within ten (10) days after
such order and certificate have been filed in the Town Clerk's office
and such notice given, appeal from such appraisal of damages or assessment
of benefits, or both, to the court of proper jurisdiction. Such appeal
shall be by petition in writing, setting forth the whole of such appraisal
and assessment appealed from, asking for a reassessment of benefits
only, with a citation attached thereto, signed by any authority empowered
to sign writs, and returnable before such court at the same time and
served and returned in the same manner as in case of a summons in
a civil action returnable before said court. Service of said citation
shall be upon the Town Clerk.
Such appeal may be heard by the court, but may,
upon the motion of any party thereto, be referred for a hearing to
a committee appointed by such court, which shall report to it the
facts and their findings thereon. If, after the hearing of any appeal,
the court shall find cause to alter such appraisal of damages or assessment
of benefits, it may alter the damages appraised in favor of any person's
damage, and the assessment of benefits upon the persons whose lands
are specially benefited.
If any party or the committee hearing such appeal
shall be of the opinion that persons other than those who appear upon
the record are interested in such appeal, the court or committee shall
cause notice to be given of the pendency of such proceedings to such
other persons, in such manner as such judge or committee may direct.
Such judge shall have all necessary power for the purpose of disposing
of such appeal and may render judgment thereon and may tax costs in
favor of any party and may issue execution therefor.
The court shall, when the proceedings in any
such appeal are closed, return all papers connected with the case
to the Town Clerk of Manchester to be recorded in said Town and kept
by him on file.
Such benefits as finally determined shall be
a lien upon the land on which they were assessed, which lien shall
attach to such land from the time of filing the order and certificate
of the Commission with the Town Clerk, provided the same shall not
remain a lien thereon for more than six (6) months thereafter, unless
appeals are taken therefrom, and the time when papers in such appeal
proceedings are returned to the Town Clerk, unless said Commission
shall file with the Town Clerk a certificate signed by them describing
the premises assessed, the amount assessed, and the work for which
the assessment was made, and the Town Clerk shall record such certificate
in the land records of the Town.
Such liens may be foreclosed in the name of
the Town of Manchester in the manner provided by law for the foreclosure
of mortgages, and the court having jurisdiction may limit a time for
redemption, or order the sale of the property, or pass such other
order or decree as it shall deem proper; or the Town may, at its option,
maintain a civil action against the person assessed, to recover the
amount of the assessment, together with the costs of certificate,
recording and interest at the rate of six (6) percent per annum.
All assessments shall be due and payable within
fifteen (15) days after the order and certificate are filed with the
Town Clerk, provided no appeal is taken, and when an appeal is taken,
then within fifteen (15) days after the papers in such appeal are
returned to the Town Clerk, and all assessments remaining unpaid after
they become due and payable shall draw interest at the rate of six
(6) percent per annum.
The Town may adopt ordinances providing suitable
penalties for encroachment upon or nonobservance of any building or
veranda lines.
(a)
There shall be a Zoning Board of Appeals which shall
have all the powers and duties conferred and imposed by the General
Statutes upon Zoning Boards of Appeals.
(b)
The Zoning Board of Appeals shall consist of five
(5) regular members and three (3) alternate members who shall be electors
of the Town and who shall be appointed by the Board of Directors.
The Zoning Board of Appeals as constituted at the time of approval
of this Charter amendment by the electorate shall continue in office
and, as the term of office of each member expires, the Board of Directors
shall appoint a successor for a term of five (5) years.
[Amended by referendum 10-5-1964; amended by
referendum11-8-2022]
(a)
There may be, at the discretion of the Board of Directors,
a Planning Department under the direction and control of a Director
of Planning. Such Director of Planning shall be appointed by the Town
Manager and may be removed by the Town Manager at the Town Manager's
discretion.
(b)
The Planning Director shall:
(1)
Assist the Town Manager in the preparation of
all recommendations by the Town Manager to the Planning and Zoning
Commission respecting a plan of development for the Town, zoning regulations
and subdivision regulations, and any amendments or additions thereto;
(2)
Assist the Town Manager and the Board of Education
in the annual preparation of a capital improvements program as herein
provided, insofar as it is related to the plan of development;
(3)
Advise the Town Manager, the Planning and Zoning
Commission, Board of Directors, Board of Education, Redevelopment
Agency, Housing Authority, and any department or other Town agency
respecting any matter relating to the physical development of the
Town on which their opinion has been requested or on which the Planning
Director deems it advisable to report;
(4)
Advise the Planning and Zoning Commission and
the Zoning Board of Appeals in the exercise of their functions and
serve as principal technical advisor to the Planning and Zoning Commission
and in connection therewith to provide necessary staff assistance;
(5)
Review and make recommendations regarding any
proposed action implementing the plan of development.
(c)
The Director of Planning shall appoint and remove such professional staff and employees as they may deem necessary and shall prescribe their duties. The Director of Planning may contract with professional consultants as they deem necessary to carry out the duties and responsibilities here above set forth in accordance with § 5-17 of this Charter.
