(Charter Amendment 11-3-1970; effective 1-1-1971.)
For the purpose of this act certain terms are defined as provided
in this section. Wherever appropriate, the singular includes the plural
and the plural includes the singular. The term "streets" includes
streets, avenues, boulevards, roads, lanes, alleys, viaducts and other
ways. The term "park" includes parks, parkways, parking spaces, waterfronts,
squares, commons, grounds and other open spaces. "Subdivision" means
the division of a tract or parcel of land into three or more parts
or lots for the purpose, whether immediate or future, of sale or building
development expressly excluding development for agricultural purposes,
and includes resubdivision;[1] "resubdivision" means a change in a map of an approved
or recorded subdivision or resubdivision 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, if any of the lots shown thereon have been conveyed after
the approval or recording of such map. The term "Commission" means
the Norwalk City Planning Commission.[2] The term "Council" means the Common Council of the City
of Norwalk. The term "Master Plan" as used herein shall have the same
meaning as the term "plan of development" as used in the Connecticut
General Statutes. Official submission of matters to the Commission
shall be deemed the date of any resolution or reference from the Council,
or the postmarked date of envelopes containing submitted matters in
the case of reference by any board, commission, individual or corporation.
[1]
Editor's Note: See Land Subdivision Regulations, Appendix,
Part I.
(Sp. Laws 1947, No. 214, § 2; Sp. Laws 1955, No.
400, § 1.)
There shall be in the City of Norwalk a City Planning Commission
with the powers and duties hereinafter set forth. The Commission shall
consist of the Mayor and the Commissioner of Public Works[2] or a member of the Department of Public Works designated
by the Commissioner, both ex officio, and eight additional persons,
with not more than four being registered members of any one political
party. All of such members shall be electors of the City of Norwalk.
Five concurring votes are required for the transaction of business.
The Mayor and the Commissioner of Public Works, or a member of the
Department of Public Works designated by the Commissioner, shall be
nonvoting ex officio members, except in the case of a tie vote when
the Mayor shall cast the deciding ballot. The membership shall be
appointed by the Mayor with the approval of a majority of the Council.
Upon expiration of the term of any such member, his successor shall
be appointed for a term of four years. In the event of death, resignation
or removal for cause of any of the members, the Mayor, with the approval
of the majority of the Council, shall appoint, within 30 days, a member
to fill the unexpired portion of the term. Members may, after a public
hearing to be held not less than seven days or more than 14 days after
legal notice of such hearing and due cause outlined in such notice,
be removed by a majority vote of City Council, for inefficiency, neglect
of duty or malfeasance in office. Three successive absences from meetings
shall be deemed neglect of duty with no other proof required.
(Added by Charter Amendment 11-3-1970; effective 1-1-1971.)
In addition to the powers and duties specifically granted and imposed upon the Planning Commission under the Charter of the City of Norwalk, the Commission shall have all of the powers and duties granted to and imposed on planning commissions under Chapter 126 of the Connecticut General Statutes, which are not inconsistent with the duties and powers set forth in said Charter.
(Added by Charter Amendment 11-3-1970; effective 1-1-1971.)
The Common Council may by ordinance designate either the Zoning
Commission or the Planning Commission as the Planning and Zoning Commission
for Norwalk, in the manner set forth in Section 8-4a of the Connecticut
General Statutes, or may, after such a designation, reverse such designation
in accordance with Section 8-4b of the Connecticut General Statutes.
(Sp. Laws 1947, No. 214, § 3.)
The Commission shall elect its own Chairman and create other offices. The term of the Chairman shall be one year with eligibility for re-election. The Commission shall adopt rules for the transaction of business in conformity with the provisions of §§ 1-366 to 1-376, and shall keep a public record of its resolutions and transactions. The City Clerk shall be Custodian of the Commission's records. The Commission shall hold regular monthly meetings.
(Sp. Laws 1947, No. 214, § 4; Sp. Laws 1955, No.
400, § 2; Charter Amendment 8-17-1976.[1])
The Commission may appoint employees necessary for its work,
subject to the same provisions of law as govern corresponding civil
employees. No employee, whether hired for compensation or otherwise,
shall directly or indirectly engage in the real estate business, as
the same is defined in Section 1783c of the 1953 Supplement to the
General Statutes, in the City of Norwalk. The Commission may contract
with consultants for service. The expenditures of the Commission,
exclusive of gifts of public benefit, shall be within the amounts
appropriated. The Commission is to prepare a detailed budget each
year to present on or before the first regular Council meeting in
March to the City Council, for acceptance or amendment by a 2/3 vote
of said Council. Such budget shall be given to the Comptroller for
presentation to the Board of Estimate and Taxation in compliance with
the provisions of the Charter of the City of Norwalk.
[1]
Editor's Note: Approved by the electorate at the general
election held 11-2-1976.
(Sp. Laws 1947, No. 214, § 5.)
It shall be the function and duty of the Commission to make
and adopt a Master Plan for the physical development of the city.
Such plan, with accompanying maps, charts and descriptive matter,
shall show the Commission's recommendations for such development,
including the general location, character and extent of streets, building
lines, parks, aviation fields, other public grounds, public buildings
and public utilities and terminals, whether publicly or privately
owned or operated, for water, light, sanitation, transportation, communications,
power or other purposes; also rules and regulations to control the
subdivision of land and the laying out of streets; also the relocation,
widening, narrowing, vacating, abandonment, change of use or extension
of any of the foregoing; also the approval or disapproval of the proposed
names of new streets and to change the confusing names of existing
streets.
[1]
Editor's Note: See Appendix, Part I, Land Subdivision
Regulations, § 6.
(Sp. Laws 1947, No. 214, § 6.).
The Commission may adopt the plan as a whole by a single resolution
or may, by successive resolutions, adopt successive parts or any amendment
thereof or addition thereto. Before the adoption of the plan or any
such part, amendment or addition, the Commission shall hold at least
two public hearings thereon, notice of time and place of which shall
be given by two publications in a newspaper of general circulation
in the city, at least 10 and five days prior to such hearing. The
resolution shall refer expressly to the maps and descriptive matter
intended by the Commission to form the plan, and the action taken
shall be recorded on the map, plan and descriptive matter by the identifying
signatures of the Chairman and Secretary of the Commission. An attested
copy of the plan or part thereof shall be certified to the Council.
The resolution and certified copy of such plan or part shall then
be adopted by a majority vote of the Council and signed by the Mayor
in the manner provided in the Charter for the adoption of ordinances,
in order that it shall have the legal status of the official plan,
and thereupon shall be so designated on the city official map.
(Added by Charter Amendment 11-3-1970; effective 1-1-1971.)
A.
Whenever the city has adopted the Master Plan or one or more major
sections thereof, no street or park, other than those created by subdivision
in accordance with Subparagraph B below, public building or structure
or public utility whether publicly or privately owned, shall be constructed
or authorized in the city or in such planned section and district
until the location, character and extent thereof has been submitted
to and approved by the Commission and the Council. In case of approval
by the Commission, a majority of the Council is required for concurrence;
in case of disapproval, the Commission shall communicate its reasons
to the Council, which shall have the power to overrule such disapproval
by a recorded vote of not less than two-thirds of its entire membership.
B.
Whenever the city has adopted the Master Plan or one or more major
sections thereof, no subdivision of land shall be made until a plan
for such subdivision has been approved by the Commission. Any person,
firm or corporation making any subdivision of land without the approval
of the Commission shall be fined not more than $200 for each lot sold
or offered for sale or so subdivided. All plans for subdivision shall,
upon approval, be filed or recorded in the office of the Town Clerk,
and any plan, not so filed or recorded in accordance with the Commission's
regulations, shall become null and void. No such plan shall be recorded
or filed by the Town Clerk until its approval has been endorsed thereon,
and the filing or recording of a subdivision plan without such approval
shall be void.
(Sp. Laws 1947, No. 214, § 8.)
The failure of the Commission to act within 60 days from the
date of official submission to the Commission shall be deemed approval,
but the matter in question shall still require the action of the Council
in the manner hereinbefore provided.
(Sp. Laws 1947, No. 214, § 9.)
The Commission shall have power to promote public interest in
and understanding of the plan and may publish copies of any report
and may employ other means of publicity. The Commission shall recommend
to public officials programs for public improvements and the financing
thereof. It shall be part of its duties to consult and advise with
public officials and organizations and citizens with relation to the
carrying out of the plan. The Commission shall have the right to accept
and use gifts of public benefit for the exercise of its functions.
All public officials shall, upon request, furnish the Commission,
within a reasonable time, such available information as it may require
in its work.
(Sp. Laws 1947, No. 214, § 10.)
No project, undertaking, contract or expenditure involving a total cost to the City of Norwalk of $10,000 or more, even though funds have been provided for by the Board of Estimate and Taxation, shall be made, commenced or contracted for until such project, undertaking or contract has been submitted to the Commission and considered by it with relation to the general plan and has been approved in accordance with the foregoing provisions of §§ 1-366 to 1-374. This section shall not apply to bond issues, notes, temporary or refunding loans or payments of the same or interest thereon, or to the regular annual departmental budgets.
(Charter Amendment 11-3-1970, effective § 1-1-1971.)
Any person aggrieved by an official action of the Planning Commission
may appeal therefrom within 15 days of such official action to the
Court of Common Pleas for Fairfield County in accordance with the
provisions of Section 8-28 of the Connecticut General Statutes.
(Charter Amendment 11-3-1970, effective 1-1-1971.)
All acts heretofore taken by the Planning Commission under the
Charter of the City of Norwalk are expressly ratified, confirmed and
approved.
