A.
Application requirements.
(1)
A site plan application shall be submitted in accordance with § 470-909A:
(a)
For any activity designated in the regulations as requiring
site plan approval;
(b)
For any construction, development, expansion, or major alteration
of a multiple-dwelling unit or nonresidential use; or
(c)
For any construction, development, expansion, or major alteration of any building, including any alteration in lot improvements such as parking, pedestrian or vehicle circulation, public utilities or reduction of landscaping in any commercial or any industrial district, unless determined to be a minor modification per § 470-901A(13).
(3)
The Commission may, in accordance with the requirements of these
regulations, require the submission of additional information as deemed
necessary to make a reasonable review of the application.
(4)
If a site plan application involves an activity regulated pursuant
to C.G.S. §§ 22a-36 to 22a-45, inclusive, the applicant
shall submit an application for a permit to the Inland Wetlands and
Watercourses Agency not later than the day such application is filed
with the Commission.
(5)
When warranted by the size, location or nature of a proposal,
or when determined to be in the public interest, the Commission may
require a three-dimensional physical representation or a computer
simulation of the proposal at an appropriate scale. The Commission
may also require that the model include three dimensional representation
of all or portions of the abutting lots if this would significantly
aid the Commission and the public to visualize and understand the
proposal.
(6)
In addition to the submission requirements above, the applicant
shall submit in digital format (PDF or JPEG, as deemed appropriate
by Land Use staff) all application materials and public hearing exhibits,
or, in the absence of a public hearing, any supplemental information
received up to final action by the Commission. These materials shall
include, but not be limited to, the application form, cover letter,
statements of use, site plan and architectural plans, reports, easements
or deeds to roads, and any other information submitted to support
an application. The Commission may waive this requirement upon request
by the applicant showing good cause.
(7)
A complete site plan application must be submitted a minimum
of 10 days before a regular meeting in order to be considered by the
Commission at that meeting. Nothing in this section shall be construed
to extend the time limits for action as specified in the C.G.S.
(8)
For any site plan application where a public hearing is required,
all additional information required by the Commission, or provided
by the applicant shall be submitted a minimum of 10 days prior to
the public hearing to enable the Commission, staff, public and any
consultants contracted by the Commission, adequate time to review
the information before the expiration of the time limits set forth
in the C.G.S.
(9)
The Commission may choose not to accept any modifications to
an application after it has been received except those modifications
specifically requested by the Commission (or without confirming with
the Commission such modification could be handled as a condition of
approval).
(10)
Nothing in this section shall prohibit an applicant from submitting
reply reports in response to documents submitted by the public, staff,
consultants or other sources during the proceeding on the application.
(11)
The Commission may deny an application without prejudice where
application information or revisions have been received so late in
the process as to deny or curtail the opportunity for thorough review
and comment by the public, Town staff, or other public agencies.
(12)
Upon written request by the applicant, the Commission may, by
resolution determine that:
(b)
The required submission of part of such information is deferred
for submission and decision at a later date; or
(c)
Additional or alternate information is necessary and required
to be submitted in order to make a reasonable decision on the application
under the standards of these regulations.
(13)
Technical and minor modifications to an approved site plan,
which do not substantially alter the content of the approved plan,
may be approved jointly by the Zoning Enforcement Officer, Building
Official and Fire Marshal, with consultation of other relevant Town
staff as deemed necessary when proposed changes are limited to: landscaping;
lighting; parking; drainage; grading; erosion and sedimentation controls;
utilities; signage; architectural details; or building additions,
alterations, or additional structures that are less than 15% of the
floor area of the principle building or 3,000 square feet, whichever
is least.
(a)
If a proposed technical or minor modification involves an activity
regulated pursuant to C.G.S. § 22a-36 to 22a-45, inclusive,
the applicant shall submit an application for a permit to the Inland
Wetlands and Watercourses Agency (IWWA) or authorized agent not later
than the day such application is filed with the Land Use Office. Such
modification shall not be approved unless in accordance with the approval
of the IWWA or authorized agent.
(b)
If there are any outstanding zoning violations on the property
and such modification will not eliminate the violation, the modification
shall be forwarded to the Commission for site plan review.
(c)
If there is disagreement on any issue between staff or between
staff and the applicant, such modification will be referred to the
Commission for site plan approval.
(d)
If upon review, such proposed modification substantially alters the architectural presentation of a building, proposes a new building or structure not in keeping with the development pattern of the site or neighborhood, or substantially alters the design of the site, the proposal may be referred to the Design Review Team for an advisory opinion provided any such referral shall not increase the time required to process the site plan change under § 470-901B(5).
(e)
A request for a technical or minor modification under this section
must be made in the form of a completed zoning development application
form accompanied by the number and type of materials prescribed in
Appendix 1 of these regulations[3] for a site plan application (see checklists) provided
that the reviewing staff may waive requirements determined to not
be necessary for the review of such minor modification.
(f)
A technical or minor modification approved under this section
must be approved in the form of an official letter to the applicant,
copied to the zoning property file. Such letter shall include a detailed
description of the minor modification being approved, or reference
and attached a plan clearly demonstrating the details and limits of
the proposed modification.
(g)
Copies of approved technical and minor modifications will be
reported to the Commission at its next regular meeting.
(h)
Any approval under this section may require the filing of certification's and as-built's in accordance with § 470-908C(8).
B.
Proceedings.
(1)
The date of receipt for a site plan application shall be determined in accordance with § 470-909B.
(3)
For new construction or other activity considered to be significant in the sole judgment of the Commission, the Commission may hold a public hearing on the application; and require that the applicant provide notice in accordance with § 470-901C(1).
(4)
Whenever a site plan is required in conjunction with another application requiring a public hearing (such as a special permit application, design district, or a zone map change application), the time period for acting on the site plan application shall coincide with the time period specified in § 470-902B or 470-904B.
(5)
Whenever approval of a site plan is the only approval required,
a decision on the application shall be rendered within 65 days after
the date of receipt of such site plan application, except that the
applicant may consent to one or more extensions of such period provided
the total period of any such extension or extensions shall not exceed
65 days, pursuant to C.G.S. § 8-3(g).
(6)
If an application involves an activity regulated pursuant to
C.G.S. § 22a-36 to 22a-45, inclusive and the time for a
decision by the Commission would elapse prior to the 35th day after
a decision by the Inland Wetlands and Watercourses Agency, the time
period for a decision shall be extended to 35 days after the decision
of such agency [per C.G.S. § 8-7d(e)].
(7)
The applicant may withdraw an application at any time prior
to action by the Commission. The withdrawal of an application shall
not be effective unless made, in writing, prior to action by the Commission.
C.
Notice requirements.
(1)
For new construction or other activity considered to be significant
in the sole judgment of the Commission, the Commission may hold a
public hearing on the application; and require that the applicant:
(2)
Notification to adjoining municipalities may be required in accordance with the requirements of § 470-909H.
D.
Decision considerations.
(1)
On a site plan application involving an activity regulated pursuant
to C.G.S. §§ 22a-36 to 22a-45, inclusive, the Commission
shall:
(3)
Before the Commission approves a site plan application, it shall
determine that the application is in conformance with the applicable
provisions of these regulations.
(4)
In approving a site plan application, the Commission may require
the posting of a bond to ensure compliance with conditions of approval
established by the Commission.
(5)
In approving a site plan application the Commission may require
the applicant's professional engineer or professional land surveyor
to certify to the Commission, through submission of a set of detailed
"as-built" plans on Mylar that all improvements and other work are
in accordance with submitted site plans.
(6)
The
Commission shall not deny a site plan on the basis of:
[Added 12-21-2022]
(a)
A district's character, unless such character is expressly articulated
in such regulations by clear and explicit physical standards for site
work and structures, or
(b)
The immutable characteristics, source of income or income level of
any applicant or end user, other than age or disability whenever age-restricted
or disability-restricted housing may be permitted.
E.
Action documentation.
(1)
In acting on a site plan application, the Commission may approve,
approve with conditions, or deny the application.
(2)
The Commission shall send, by certified mail, a copy of any
decision to the applicant within 15 days after such decision is rendered.
(3)
The Commission shall cause notice of the decision on site plan
applications to be published in a newspaper having a substantial circulation
in Canton within 15 days after such decision is rendered.
(4)
In any case in which such notice is not published within the
fifteen-day period after a decision has been rendered, the applicant
may provide for the publication of such notice within 10 days thereafter.
F.
Following approval.
(1)
No building permits shall be issued nor shall any site activities associated with an approved site plan commence unless a zoning permit has been issued by the ZEO in accordance with § 470-908B.
(2)
As part of any site plan approval, certifications shall be submitted to the ZEO for review in accordance with the requirements of § 470-908C(8).
(3)
When approving a modification to a previously approved site development plan, the Commission may waive the requirements for certifications and as-built's required by § 470-908C(8).
G.
Expiration and completion.
(1)
All work in connection with an approved site plan shall be completed
within the time frame established by C.G.S. § 8-3. Failure
to complete all work within such period shall result in automatic
expiration of the approval of such site plan unless the Commission
has granted an extension of the time to complete work in connection
with such site plan.
(2)
The Commission may grant one or more extensions of the time
to complete all or part of the work in connection with a site plan
for good cause, upon written request from the applicant, provided
the total extension or extensions shall not violate C.G.S. § 8-3,
and upon on a determination of the adequacy of any bond.
(3)
The Commission may withhold approval of any or all extensions
if the applicant fails to provide adequate evidence that work is able
to begin within an extended time period. Evidence includes but is
not limited to the acquisition of any or all required government approvals
and commitments for project financing.
A.
Application requirements.
(1)
A special permit application shall be submitted in accordance with § 470-909A for any activity designated in the regulations as requiring a special permit.
(2)
Each application for a special permit shall be accompanied by a site plan conforming to the requirements of § 470-901 of these regulations unless the Town Planner finds that there are no physical changes proposed to the site or any building or structure and the submission of a site plan application is not necessary for the Commission to evaluate the proposal.
(4)
The Commission may require the submission of such additional
information as the Commission deems necessary to make a reasonable
review of the application.
(5)
In addition to the submission requirements above, the applicant shall submit application materials in digital format in accordance with § 470-901A(6).
(6)
A complete special permit application must be submitted a minimum
of 10 days before a regular meeting in order to be considered by the
Commission at that meeting. Nothing in this section shall be construed
to extend the time limits for action as specified in the C.G.S.
(7)
Any additional information required by the Commission, or provided
by the applicant shall be submitted a minimum of 10 days prior to
the public hearing to enable the Commission, staff, public and any
consultants contracted by the Commission have adequate time to review
the information before the expiration of the time limits set forth
in the C.G.S.
(8)
The Commission may choose not to accept any modifications to
an application after it has been received except those modifications
specifically requested by the Commission (unless the Commission determines
that such modification could be handled as a condition of approval).
(9)
Nothing in this section shall prohibit an applicant from submitting
reply reports in response to documents submitted by the public, staff,
consultants or other sources during the proceeding on the application.
(10)
The Commission may deny an application without prejudice where
application information or revisions have been received so late in
the process as to deny or curtail the opportunity for thorough review
and comment by the public, Town staff, or other public agencies.
B.
Proceedings.
(1)
The date of receipt for a special permit application shall be determined in accordance with § 470-909B.
(3)
If a special permit application involves an activity regulated
pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive,
the applicant shall submit an application for a permit to the Inland
Wetlands and Watercourses Agency not later than the day such application
is filed with the Commission.
(4)
The Commission shall process the special permit application
within the period of time permitted under C.G.S. § 8-7d
as follows:
(a)
The public hearing shall commence within 65 days after receipt
of the application;
(b)
The public hearing shall be completed within 35 days after such
hearing commences;
(c)
All decisions shall be rendered within 65 days after completion
of such hearing; and
(d)
The applicant may consent to one or more extensions of any period
specified herein, provided the total extension of all such periods
shall not be for longer than 65 days.
(5)
If an application involves an activity regulated pursuant to
C.G.S. §§ 22a-36 to 22a-45, inclusive and the time
for a decision by the Commission would elapse prior to the 35th day
after a decision by the Inland Wetlands and Watercourses Agency, the
time period for a decision shall be extended to 35 days after the
decision of such agency.
(6)
The applicant may withdraw an application at any time prior
to decision on the application by the Commission. The withdrawal of
an application shall not be effective unless made in writing prior
to decision by the Commission.
C.
Notice requirements.
(2)
Provided that a complete application is submitted to the Town
Planner at least 21 days prior to a Commission meeting, staff may
schedule the public hearing for the next regularly scheduled Commission
meeting date.
(3)
Notification by posting a sign shall be required in accordance with the requirements of § 470-909F.
(4)
The applicant shall give notice to owners of abutting lots in accordance with the requirements of § 470-909G of these regulations.
(5)
Notification to adjoining municipalities may be required in accordance with the requirements of § 470-909H.
D.
Decision considerations.
(1)
On a special permit application involving an activity regulated
pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive,
the Commission shall:
(3)
Before the Commission approves a special permit application,
the Commission shall determine in its sole discretion that the application:
(4)
Before approving a special permit, the Commission shall determine
that any accompanying site plan application is in conformance with
the applicable provisions of these regulations. In approving a special
permit, the Commission may stipulate such conditions as are reasonable
and necessary to protect or promote:
(6)
The
Commission shall not deny a special permit on the basis of:
[Added 12-21-2022]
(a)
A district's character, unless such character is expressly articulated
in such regulations by clear and explicit physical standards for site
work and structures, or
(b)
The immutable characteristics, source of income or income level of
any applicant or end user, other than age or disability whenever age-restricted
or disability-restricted housing may be permitted.
E.
Special permit criteria. In considering any application for a special
permit, the Commission shall, in addition to other standards in these
regulations, evaluate the merits of the application with respect to
the following factors:
(1)
Plan of conservation and development. Whether the proposed use
or activity is in accordance with or facilitates achievement of one
or more of the goals, objectives, policies, and recommendations of
the Plan of Conservation and Development, as amended.
(2)
Purposes of regulations. The proposed use or activity is consistent
with the purposes of the regulations.
(3)
Environmental protection and conservation. Appropriate consideration
shall be given to the protection, preservation, and/or enrichment
of natural, scenic, historic, and unique and environmental resources
and features which enhance the character of the community.
(4)
Suitable location for use - with respect to:
(a)
The size of the lot;
(b)
The nature and intensity of the activities involved in or conducted
in connection with the use;
(c)
The streets giving access to it are such that the use shall
be in harmony with the appropriate and orderly development in the
neighborhood in which it is located; and,
(d)
The impact on neighboring properties and residences or the development
of the district.
(5)
Appropriate improvements.
(a)
The design elements shall be attractive and suitable in relation
to the site characteristics, the style of other buildings in the immediate
area, and the existing and probable future character of the neighborhood.
(b)
The location, nature and height of buildings, walls, and fences,
planned uses and the nature and extent of landscaping on the lot shall
not hinder or discourage the appropriate development and use of land
and buildings in the neighborhood or impair the value thereof.
(c)
The proposed use shall have no material adverse impact upon
the neighborhood.
(6)
Suitable transportation conditions.
(a)
The design, location, and specific details of the proposed use
or activity shall not:
(c)
Streets and other rights-of-way shall be of such size, condition
capacity, width, grade, alignment and visibility to adequately accommodate
the additional traffic to be generated by the particular proposed
use.
(8)
Nuisance avoidance.
(a)
The use shall be appropriate for the area shall not create a
nuisance, and shall not hinder the public health, safety, convenience,
and property values.
(9)
Long-term viability. Adequate provision shall be made for the
sustained maintenance of the proposed development including structures,
streets, and other improvements.
F.
Action documentation.
(1)
In acting on a special permit application, the Commission may
approve, approve with conditions, or deny the application.
(2)
The decision to approve a special permit shall:
(3)
The Commission shall send, by certified mail, a copy of any
decision on a special permit application to the applicant within 15
days after such decision is rendered.
(4)
The Commission shall cause notice of the decision on the special
permit application to be published in a newspaper having a substantial
circulation in Canton within 15 days after such decision is rendered.
(5)
In any case in which such notice is not published within the
fifteen-day period after a decision has been rendered, the applicant
may provide for the publication of such notice within 10 days thereafter.
G.
Following approval.
(1)
A special permit approved by the Commission shall only become effective upon the filing of a copy, certified by the Commission, in the Canton land records, in accordance with the provisions of C.G.S. § 8-3d, accompanied by approved site plans per § 470-901E (unless an approved site plan is already on file).
(2)
A special permit shall only authorize the particular activity
specified in the Commission's approval.
(3)
Failure to strictly adhere to the documents, plans, terms, conditions
and/or safeguards approved by the Commission or its staff shall be
a violation of the special permit and the regulations.
(4)
A special permit may be amended or modified in the same manner
as provided above for the approval of a special permit except that
amendments that are found to be of a minor nature or which do not
materially alter the special permit, as determined by the Commission,
may be approved by the Commission without another public hearing.
H.
Expiration and completion.
(1)
Failure to record a special permit within 12 months of the date
of the Commission's action shall void the special permit.
(2)
Any special permit application, in which the approved use is
not conducted on the site within 18 months from the date of approval,
shall, expire unless the Commission shall provide for a longer time
period not to exceed 36 months from the date of approval.
(3)
The Commission may grant one or more extensions of the time
to complete all or part of the work in connection with a special permit
for good cause, upon written request from the applicant, provided
the total extension or extensions shall be consistent with § 470-901G(4).
(4)
The Commission may condition the approval of such extension
on a determination of the adequacy of any bond.
A.
Application requirements.
(1)
A regulation amendment application shall be submitted in accordance with § 470-909A for any proposal to establish, amend, change, or repeal any section of these regulations.
(3)
The Commission may require the submission of additional information
as the Commission deems necessary to make a reasonable review of the
application.
(4)
The Commission shall not be required to hear any petition or
petitions relating to the same changes, or substantially the same
changes, more than once in a period of 12 months unless it finds,
on facts presented in writing, that a material change in the circumstances
justifies this action. A change of ownership of real property or any
interest therein shall not be deemed a material change.
B.
Proceedings and notification requirements.
(1)
The date of receipt for the regulation amendment application shall be determined in accordance with § 470-909B.
(3)
The Commission shall hold a public hearing on the regulation
amendment application and:
(a)
Shall cause a legal notice of the public hearing to be published in accordance with the requirements of § 470-909E of these regulations;
(b)
May publish the full text or a summary of such proposed regulation
in such notice, and
(c)
Shall notify, no later than seven days prior to the commencement
of the public hearing all persons in the public notice registry in
accordance with C.G.S. § 8-7d(g) (for Commission sponsored
applications only).
(4)
In accordance with C.G.S. § 8-3a the Commission shall
publicly state on the record its findings of any regulation amendment
application with the Plan of Conservation and Development.
(5)
Notice of said regulation amendment shall also occur as follows:
(6)
A copy of the proposed regulation shall be filed by the applicant
in the office of the Town Clerk for public inspection at least 10
days before the public hearing.
(7)
The Commission shall process the regulation amendment application
within the period of time permitted under C.G.S. § 8-7d
as follows:
(a)
The public hearing shall commence within 65 days after receipt
of the application;
(b)
The public hearing shall be completed within 35 days after such
hearing commences;
(c)
All decisions shall be rendered within 65 days after completion
of such hearing;
(d)
The applicant may consent to one or more extensions of any period
specified herein provided the total extension of all such periods
shall not be for longer than 65 days; and
(e)
These time frames shall not apply to any action initiated by
the Commission regarding adoption or change of any regulation.
(8)
The applicant may withdraw an application at any time prior
to action by the Commission. The withdrawal of an application shall
not be effective unless made, in writing, prior to action by the Commission.
C.
Decision considerations.
(1)
In making its decision, the Commission shall take into consideration
the consistency of the proposal with the Plan of Conservation and
Development.
(2)
Any report from a water company, an adjacent municipality a
regional planning agency, or any other referral shall be made a part
of the record of such public hearing and shall be given due consideration.
(3)
The Commission shall consider the factors listed in C.G.S. § 8-2.
(4)
The Commission should also consider the consistency of the proposed
amendment with the comprehensive plan. The comprehensive plan is found
in the scheme of the zoning regulations and zoning map and should
be considered to ensure that the amendment promotes reasonable and
logical development to serve the public interests of the community.
(5)
Such regulation(s) shall be changed or repealed only by a majority
vote of all the members of the Commission (at least four members of
a seven member commission) except that, if a legally valid protest
against a proposed change is filed at or before a hearing with the
Commission, signed by the owners of 20% or more of the area of the
property affected by such proposed change or of the property within
500 feet in all directions of the property affected by the proposed
text change, such change shall not be adopted except by a vote of
2/3 of all the members of the Commission (at least five members of
a seven member commission).
D.
Action documentation.
(1)
In acting on a regulation amendment application, the Commission
may approve, approve with conditions, or deny the application.
(3)
The Commission shall send, by certified mail, a copy of any
decision on a regulation amendment application to the applicant within
15 days after such decision is rendered.
(4)
The Commission shall cause notice of the decision on the regulation
amendment application to be published in a newspaper having a substantial
circulation in Canton within 15 days after such decision is rendered.
(5)
In any case in which such notice is not published within the
fifteen-day period after a decision has been rendered, the applicant
may provide for the publication of such notice within 10 days thereafter.
(6)
The Commission shall cause the regulation amendment to be filed
in the Office of the Town Clerk before the effective date.
A.
Application requirements.
(1)
A zone map change application shall be submitted in accordance with § 470-909A for any proposal to change the zoning designation of any parcel(s) of land or part thereof.
(3)
A zone map change application for a design district shall be accompanied by a master plan and standards in conformance with § 470-501C of these regulations.
(4)
The Commission may require the submission of additional information
as the Commission deems necessary to make a reasonable review of the
application.
(5)
The Commission shall not be required to hear a zone map change
application that has been rejected within 12 months from the date
of rejection unless it finds, on facts presented in writing, that
a material change in the circumstances justifies this action. A change
of ownership of real property or any interest therein shall not be
deemed a material change.
B.
Proceedings and notice requirements.
(1)
The date of receipt of the zone map change application shall be determined in accordance with § 470-909B.
(3)
The Commission shall hold a public hearing on the zone map change
application and shall:
(a)
Cause a legal notice to be published in accordance with the requirements of § 470-909E of these regulations;
(b)
Require that any applicant other than the Commission give notice to owners of abutting lots and the owner(s) of land subject to the proposed zone map change in accordance with the requirements of § 470-909G of these regulations. This section, and any provision of the regulations requiring notice by posting of a sign, shall not apply to a zone map change that affects more than 20 lots;
(c)
Notify no later than seven days prior to the commencement of
the public hearing all persons in the public notice registry in accordance
with C.G.S. § 8-7d(g).
(4)
In accordance with C.G.S. § 8-3a, the Commission shall
state on the record its findings of consistency with the Plan of Conservation
and Development.
(5)
Notice of said zone map change shall also occur as follows:
(6)
A copy of the proposed zone map change application shall be
filed by the applicant in the Office of the Town Clerk for public
inspection at least 10 days before the public hearing.
(7)
The Commission shall process the zone map change application
within the period of time permitted under C.G.S. § 8-7d
as follows.
(a)
The public hearing shall commence within 65 days after receipt
of the application.
(b)
The public hearing shall be completed within 35 days after such
hearing commences.
(c)
All decisions shall be rendered within 65 days after completion
of such hearing.
(d)
The applicant may consent to one or more extensions of any period
specified herein provided the total extension of all such periods
shall not be for longer than 65 days.
(8)
These timeframes shall not apply to any action initiated by
the Commission regarding a zone map change application.
(9)
The applicant may withdraw an application at any time prior
to action by the Commission. The withdrawal of an application shall
not be effective unless made, in writing, prior to action by the Commission.
C.
Decision considerations.
(1)
In making its decision, the Commission shall take into consideration
the consistency of the proposed amendment with the Plan of Conservation
and Development.
(2)
Any report from a water company, an adjacent municipality a
regional planning agency, or any other referral shall be made a part
of the record of such public hearing and shall be given due consideration.
(3)
The Commission may consider all of the factors listed in C.G.S.
§§ 8-2 and 8-3.
(4)
The Commission should also consider the consistency of the proposed
amendment with the comprehensive plan. The comprehensive plan is found
in the scheme of the zoning regulations and Zoning Map and should
be considered to ensure that the amendment promotes reasonable and
logical development to serve the public interests of the community.
(5)
Such zone map change shall be established, changed or repealed
only by a majority vote of all the members of the Commission (at least
four members of a seven member commission) except that, if a legally
valid protest against a proposed change is filed with the Commission
at or before a hearing, signed by the owners of 20% or more of the
area of the property affected by such proposed change or of the property
within 500 feet in all directions of the property included in the
proposed change, such change shall not be adopted except by a vote
of 2/3 of all the members of the Commission (at least five members
of a seven member commission).
D.
Action documentation.
(1)
In acting on a zone map change application, the Commission may
approve, approve in part, or deny the application.
(3)
The Commission shall send, by certified mail, a copy of any
decision on a zone change application to the applicant within 15 days
after such decision is rendered.
(4)
The Commission shall cause notice of the approval or denial
of the zone change application to be published in a newspaper having
a substantial circulation in Canton within 15 days after such decision
is rendered.
(5)
In any case in which such notice is not published within the
fifteen-day period after a decision has been rendered, the applicant
may provide for the publication of such notice within 10 days thereafter.
(6)
Any zone change shall be filed in the Office of the Town Clerk
prior to becoming effective.
A.
Applicability.
(1)
In accordance with C.G.S. § 8-7, the Zoning Board
of Appeals (ZBA) shall have the power and duty to hear and decide
appeals where it is alleged by any person aggrieved that there is
an error in any order, requirement or decision made by the ZEO.
B.
Appeal requirements.
(1)
An appeal may be taken to the ZBA by any person aggrieved or
by any municipality aggrieved and shall be taken within 30 days by
filing a notice of appeal and specifying the grounds thereof.
(2)
Such appeal period shall commence at the earliest of the following:
(3)
The ZEO shall forthwith transmit to the ZBA all documents upon
which the action was appealed.
(4)
The ZBA may collect a reasonable fee to be paid by the appellant
in any appeal brought before said ZBA and may include the cost of
any newspaper advertisement necessary in connection with such appeal.
(5)
The ZBA may require the filing of a survey prepared by a professional
land surveyor if, in its opinion, such survey is relevant to the interpretation
of the order, requirement or decision made by the ZEO.
C.
Effect of appeal.
(1)
An appeal of an order, requirement, or decision, which prohibits
further construction or expansion of a use in violation of these regulations,
shall not permit such construction or expansion to continue except
to such extent that the ZBA may allow.
(2)
An appeal from any other order, requirement or decision made
by the ZEO shall stop all enforcement and proceedings with regard
to such order, requirement or decision unless the Commission or the
ZEO certifies to the ZBA after the appeal has been filed that, by
reason of facts stated in the certificate, a stay would cause imminent
peril to life or property, in which case proceedings shall not be
stayed.
D.
Proceedings and notification requirements.
(3)
The ZBA shall hold a public hearing on the appeal of order and shall publish a legal notice in accordance with the requirements of § 470-909E of these regulations.
(4)
Provided that a complete appeal is submitted to the Land Use
Office at least 21 days prior to a ZBA meeting, staff may schedule
the public hearing for the next regularly scheduled ZBA meeting date.
(5)
The appellant shall give notice to owners of abutting lots in accordance with the requirements of § 470-909G of these regulations.
(6)
The appellant shall provide notice by posting a sign shall in accordance with the requirements of § 470-909F.
(7)
The ZBA shall process the appeal of order within the period
of time permitted under C.G.S. § 8-7d as follows.
(a)
The public hearing shall commence within 65 days after receipt
of the appeal.
(b)
The public hearing shall be completed within 35 days after such
hearing commences.
(c)
All decisions shall be rendered within 65 days after completion
of such hearing.
(d)
The applicant may consent to one or more extensions of any period
specified herein provided the total extension of all such periods
shall not be for longer than 65 days.
(8)
The applicant may withdraw an application at any time prior
to action by the ZBA. The withdrawal of an application shall not be
effective unless made, in writing, prior to action by the ZBA.
E.
Decision considerations.
(1)
The ZBA may reverse, affirm wholly or partly, or may modify
any order, requirement, or decision appealed to the ZBA.
(2)
The ZBA shall make such order, requirement, or decision as in
its opinion should be made in the premises.
(3)
The concurring vote of four members of the ZBA shall be necessary
to reverse any order, requirement, or decision of the official charged
with the enforcement of these regulations.
F.
Action documentation.
(1)
Notice of the decision of the ZBA shall be sent by certified
mail to such person who appeals to the ZBA within 15 days after such
decision has been rendered.
(2)
Notice of the decision of the ZBA shall be published in a newspaper
having a substantial circulation in Canton within 15 days after such
decision has been rendered.
(3)
In any case in which such notice is not published within such
fifteen-day period, the person appealing may provide for the publication
of such notice within 10 days thereafter.
A.
Applicability.
(1)
The ZBA shall have the power and duty to vary the application
of the Zoning Regulations, in accordance with C.G.S. § 8-6,
solely with respect to a parcel of land where, owing to conditions
affecting such parcel but not affecting generally the district in
which it is situated, a literal enforcement of these regulations would
result in exceptional difficulty or unusual hardship.
B.
Application requirements.
(2)
A variance application shall be accompanied by the number and
type of materials prescribed in the Appendix of these regulations
for a variance application.
(3)
The ZBA shall require the filing of a survey prepared by a professional
land surveyor when the variance is dimensional in nature or such survey
is integral to the understanding of the application.
(4)
The ZBA shall not be required to hear any application for the
same variance or substantially the same variance for a period of six
months after a decision by the ZBA or by a court on an earlier application.
(5)
The application of a regulation affirming a statute shall not
be subject to variance.
C.
Nature of variance.
(1)
Any variance granted by the ZBA shall run with the land and
shall not be personal in nature to the person who applies for and
receives the variance.
(2)
A variance shall not be extinguished solely because of the transfer
of title to the lot or the invalidity of any condition attached to
the variance that would affect the transfer of the lot from the person
who initially applied for and received the variance.
D.
Proceedings and notification requirements.
(1)
The date of receipt of the variance application shall be determined in accordance with § 470-909B.
(3)
Provided that a complete application is submitted to the Land
Use Office at least 21 days prior to a ZBA meeting, Staff may schedule
the public hearing for the next regularly scheduled ZBA meeting date.
(4)
(5)
Notification to adjoining municipalities may be required in accordance with the requirements of § 470-909H.
(6)
Notification to water companies may be required in accordance with the requirements of § 470-909J.
(7)
Notification to parties holding restrictions may be required in accordance with the requirements of § 470-909K.
(8)
The time limits for the application hearing shall be pursuant
to C.G.S. § 8-7d as follows.
(a)
The public hearing shall commence within 65 days after receipt
of the application.
(b)
The public hearing shall be completed within 35 days after such
hearing commences.
(c)
All decisions shall be rendered within 65 days after completion
of such hearing.
(d)
The applicant may consent to one or more extensions of any period
specified herein provided the total extension of all such periods
shall not be for longer than 65 days.
(9)
The applicant may withdraw an application at any time prior
to action by the ZBA. The withdrawal of an application shall not be
effective unless made, in writing, prior to action by the ZBA.
E.
Decision considerations.
(1)
Whenever a variance application is joined with an appeal of
an enforcement order, the ZBA shall first decide the issues presented
by the appeal.
(2)
The ZBA shall find that a literal enforcement of these regulations
would result in exceptional difficulty or unusual hardship solely
with respect to the parcel of land that is the subject of the application
owing to conditions especially affecting such parcel but not affecting
generally the district in which it is situated.
(3)
If the ZBA grants a variance it shall be:
(a)
The minimum necessary to alleviate the exceptional difficulty
or unusual hardship;
(b)
In harmony with the general purpose and intent of the regulations;
(c)
With due consideration for conserving the public health, safety,
convenience, welfare and property values; and
(d)
So that substantial justice shall be done and the public safety
and welfare secured.
(4)
The concurring vote of four members of the ZBA shall be necessary
to vary the application of these regulations.
F.
Additional considerations for use variances.
(1)
No use variance shall be granted:
(a)
Where a dimensional variance would relieve the exceptional difficulty
or unusual hardship;
(b)
For a business use or an industrial use in any residential district;
(c)
For an industrial use in any business district;
(d)
For a use prohibited by these regulations; or
(e)
For a use specifically allowed by special permit by approval
of the Zoning Commission.
G.
Action documentation.
(1)
Whenever it grants a variance application, the ZBA shall state
upon its records:
(a)
Any conditions or modifications to which the variance is subject
to, including any statements by the applicant upon which the ZBA relied
in reaching its decision;
(b)
The regulation which is varied in its application; and
(c)
A specific description of the scope of the variance granted,
including that such variance is limited to the buildings, structures,
uses, or other contents of a site plan or other illustrations submitted
in support of the application.
(2)
Notice of the decision of the ZBA shall be sent by certified
mail to the applicant within 15 days after such decision has been
rendered.
(3)
Such notice of decision shall:
(4)
Notice of the decision of the ZBA shall be published in a newspaper
having a substantial circulation in Canton within 15 days after such
decision has been rendered.
(5)
In any case in which such notice is not published within such
fifteen-day period, the applicant may provide for the publication
of such notice within 10 days thereafter.
(6)
A variance granted by the ZBA shall only become effective upon
the filing of a copy, certified by the ZBA, in the Canton Land Records,
in accordance with the provisions of C.G.S. § 8-3d.
(7)
A variance shall only authorize the particular activity specified
in the ZBA approval.
A.
Applicability.
(1)
In accordance with C.G.S. § 14-54, the ZBA shall have
the power and duty to determine location approval for dealing and/or
repairing motor vehicles defined under C.G.S. § 14-1.
(2)
An application for a certificate of location approval shall be submitted to the ZBA in accordance with § 470-909A by any person who desires to obtain a license for dealing in or repairing motor vehicles in Canton except that this requirement shall not apply to:
(a)
A transfer of ownership to a spouse, child, brother, sister
or parent of a licensee;
(b)
A transfer of ownership to or from a corporation in which a
spouse, child, brother, sister, or parent of a licensee has a controlling
interest; or
(c)
A change in ownership involving the withdrawal of one or more
partners from a partnership.
(3)
In accordance with C.G.S. § 14-321, an application
for a certificate of location approval shall be submitted to the ZBA
by any person who desires to obtain a license for the sale of gasoline
or any other product, under the provisions of C.G.S. § 14-319,
including the alteration or changing of adjoining physical properties
for such purposes, except that this requirement shall not apply:
B.
Proceedings.
(1)
In reviewing a certificate of location approval application,
the ZBA acts as an agent of the State of Connecticut and the notice
provisions and other provisions of C.G.S. Chapter 124 (C.G.S. § 8-1
et seq.) shall not apply.
(2)
The ZBA may hold a public hearing on the certificate of location
approval application and, if such hearing is to be held:
(3)
The applicant may withdraw such certificate of location approval
application at any time prior to action by the ZBA.
C.
Decision considerations. As an agent of the State of Connecticut,
the ZBA serves solely to determine whether a certificate of location
approval should be issued based upon such considerations as:
(1)
Whether the use is permitted in the zoning district;
(2)
The suitability of the location in view of traffic, intersecting
streets, width of highway, effect on public travel, and other conditions;
(3)
The relationship of the proposed use or operation with respect
to schools, churches, theaters, and other places of public gathering;
(4)
Whether the proposed use of the location would imperil the safety
and welfare of the public;
(5)
Whether the proposed use of the location would have a detrimental
effect on the value of nearby properties or development thereof;
(6)
Whether there has been a material change in conditions which
might reverse a decision of granting or denying a previous application;
and,
(7)
Information required by or provided on CT DMV K-93 and K-36
forms.
A.
General enforcement.
(1)
These regulations shall be administered and enforced by the
Commission.
(2)
The Commission shall appoint a ZEO, with full power to administer
and enforce these regulations on behalf of the Commission. The Town
Planner is also authorized to administer these regulations.
(3)
The Commission may designate one or more Assistant ZEOs to aid
in the enforcement of these regulations.
(4)
The Commission or its ZEO may take appropriate court action
upon violation of any of these regulations.
(5)
The Commission may by resolution adopt administrative rules
and procedures for the enforcement of these regulations.
B.
Zoning permit.
(1)
Applicability. No lot, building or other structure, or part
thereof, shall be:
(a)
Constructed, reconstructed, enlarged, extended, moved, diminished,
reduced in size or structurally altered until a zoning permit has
been approved by the ZEO;
(b)
Used, occupied, or changed in use, until a zoning permit has
been approved by the ZEO except that no zoning permit, however, is
required for a farm, forestry, truck garden or nursery use having
no building or other structure in connection with such use; and
(2)
Application requirements.
(b)
For any new construction, the ZEO may require the placement
of stakes or markers or flagging on the lot by a professional land
surveyor or engineer indicating the following:
[1]
The location of proposed building construction and lot lines;
[2]
All "limits of clearing" on the lot (consistent with that shown
on any approved site plan) for construction; utility installation;
access ways; parking areas; staging and stockpiling of materials;
and, any other proposed activities.
(c)
If deemed necessary to determine compliance with these regulations,
and before issuance of a zoning permit, the ZEO may require the applicant
to furnish measurements of any proposed features subject to the requirements
of these regulations, including but not limited to, setback distances.
The ZEO may require such measurements to be prepared by a professional
land surveyor.
(3)
Sanitation. Where a proposed use or a proposed building or other
structure involves the installation, extension, relocation, reconstruction,
or connection of a private or public sewage disposal system or private
or public water supply system, no zoning permit shall be approved
until plans for such system have been approved by the Farmington Valley
Health District, Connecticut Water Company, or Town of Canton Water
Pollution Control Authority.
(4)
Commission conditions. Any maps, plans, documents, statements,
and stipulations submitted to and approved by the Commission, in connection
with any conditions of approval or requirements imposed by the Commission,
shall be conditions for approval of a zoning permit, whether or not
stated on the zoning permit approval.
(5)
Other permits.
(a)
Approval of a zoning permit shall not be construed to constitute
compliance with any other regulation, ordinance or law, nor to relieve
the applicant from responsibility to obtain any other permit required
by any other regulation ordinance or law.
(b)
If the applicant is required to have any permit required by
any other regulation ordinance or law, the ZEO may at his or her discretion
withhold approval of a zoning permit until any such permit has been
approved and obtained by the applicant.
(6)
Inspections.
(a)
The ZEO is authorized to inspect or cause to be inspected any
lot, building or other structure to determine compliance with these
regulations.
(7)
Approval and issuance.
(a)
The ZEO shall approve an application for a zoning permit when
he or she determines that all of the requirements of these regulations
have been met.
(b)
No zoning permit shall be considered issued unless signed by
the ZEO.
(c)
The ZEO shall inform the applicant receiving the zoning permit
that such applicant may provide notice of such permit by either publication
in a newspaper having substantial circulation in such municipality
stating that the permit has been issued or any other method provided
for by ordinance.
(d)
Any such notice § 470-908B(7)(c) shall contain:
C.
Certificates of zoning compliance.
(1)
Applicability.
(a)
No lot, building or other structure, or part thereof, shall
be used, occupied, or changed in use, until a certificate of zoning
compliance has been issued by the ZEO certifying conformity with these
regulations.
(b)
In accordance with C.G.S. § 8-3(f) no certificate
of occupancy shall be issued for a building, use or structure subject
to these regulations without certification in writing by the ZEO that
such building, use or structure is:
(2)
Application requirements.
(b)
If deemed necessary to determine compliance with these regulations,
and before issuance of a certificate of zoning compliance, the ZEO
may require the applicant to furnish measurements of any construction
features subject to the requirements of these regulations, including
but not limited to, setback distances. The ZEO may require such measurements
to be prepared by a professional land surveyor.
(3)
Sanitation. Where a proposed use or a proposed building or other
structure involves the installation, extension, relocation, reconstruction,
or connection of a private or public sewage disposal or private or
public water supply system, no certificate of zoning compliance shall
be issued until such system, use, building, or structure has been
completed, connected, and approved by the Farmington Valley Health
District, Connecticut Water Company, or Town of Canton Water Pollution
Control Authority.
(4)
Commission conditions. Any maps, plans, documents, statements,
and stipulations submitted to and approved by the Commission, in connection
with any conditions of approval or requirements imposed by the Commission,
shall be conditions for approval of a certificate of zoning compliance,
whether or not stated on the zoning permit approval.
(5)
Temporary certificates. Upon certification by the applicant
that the public health and safety will not be impaired and that there
will be compliance with all other laws pertaining to health and safety,
the ZEO may issue a temporary certificate of zoning compliance having
a duration of not more than six months and renewable only for one
additional six-month period, for the temporary use of land, buildings
and other structures in the process of improvement in accordance with
an approved zoning permit.
(6)
Other permits.
(a)
Approval of a certificate of zoning compliance shall not be
construed to constitute compliance with any other regulation, ordinance
or law, nor to relieve the applicant from responsibility to obtain
any other permit required by any other regulation ordinance or law.
(b)
If the applicant is required to have any permit required by
any other regulation ordinance or law, the ZEO may at his or her discretion
withhold approval of a certificate of zoning compliance until any
such permit has been approved and obtained by the applicant.
(7)
Inspections.
(a)
The ZEO is authorized to inspect or cause to be inspected any
lot, building or other structure to determine compliance with these
regulations.
(8)
Certifications and as-builts.
(a)
The purpose, expectation, and requirement for the filing of
an as-built is to accurately present the as-built record information
in a clear and un-confusing manner so as to allow the reader to readily:
(b)
The existence of accurate as-built information is important
to proper maintenance and stewardship of the facilities and improvements
throughout their useful life.
(c)
During the process of construction, the following certifications
shall be submitted to the ZEO by a professional land surveyor:
[1]
Certification as to horizontal and vertical location of the
entire foundation relative to the property boundaries prior to framing
of building or construction of wall.
[2]
Certification as to the horizontal and vertical location of
all utilities prior to paving.
[3]
Certification as to as-built conditions of all improvements
constructed, improved, or otherwise altered as shown on the site development
plan, in addition to, and in relation to existing improvements and
facilities not altered, prior to the issuance of the certificate of
occupancy or temporary certificate of occupancy.
[4]
Certifications shall be in the form of a map bearing the seal
of the professional surveyor.
(d)
The as-built described in § 470-908C(8)(c)[3] shall be prepared based on field survey information in compliance with all applicable provisions of the "Minimum Standards for Accuracy, Content, and Certification for Surveys and Maps" as set forth in §§ 20-300b-1 to 20-300b-20 inclusive of the Regulations of Connecticut State Agencies, and shall comply with accuracy classes A-2 & T-2 thereof and shall include the following: (Should special or unique conditions exist, additional information may be required.)
[1]
Title block (including the words "As-Built"), developer, property
owner, north arrow, scale, date of preparation, and seal of the surveyor
preparing the plan;
[2]
Boundaries of property certified to a State of Connecticut A-2
Map Survey Standard;
[3]
All improvements constructed, improved, or otherwise altered
as shown on the site development plan updated to reflect the actual
locations, elevations, dimensions, materials, configurations etc.
resulting from construction or any field changes approved by the ZEO;
[4]
Pedestrian walkways, driveways, loading, parking areas, parking
lot striping, and limits of all paved surfaces;
[5]
Location distance to property lines and dimensions of all buildings,
structures, walls, fences, exterior lighting and refuse containment
area;
[6]
Site grading in one foot contours;
[7]
Utility plans showing the horizontal and vertical location of
storm drainage, sewage disposal, water supply facilities, and electric
and telephone lines; and
[8]
A complete zoning data table included as part of the approved
plan clearly showing the minimum requirements of the zoning district,
those approved on the site plan and those as per as-built conditions.
(e)
Where there is a discrepancy between the approved site plan
and the as-built information, both the approved design and as-built
information shall be presented, with the design information being
crossed out with a single thin, but distinguishable line. In such
cases, the as-built information shall be shown nearby its associated
design information in a consistent and readily distinguishable manner.
[1]
The ZEO may accept a performance bond, in a form and an amount acceptable to the Director of Finance and the Commission's Engineer, as part of the issuance of a temporary certificate under § 470-908C(5).
[2]
All sheets shall bear the seal of the professional surveyor.
[3]
A computerized map in digital format acceptable to the Commission's
Engineer shall also be submitted.
[4]
The Commission may waive the as-built requirements of this section where the provision of such is found to not further the purpose and objectives of § 470-908C(8)(a).
(9)
Approval and issuance.
(a)
The ZEO shall issue or deny a certificate of zoning compliance within 10 days after notification by the applicant that the premises are ready for occupancy, or within 10 days after receipt of the certified measurements if required under § 470-908C(2)(b) or any other information required by these regulations, if outstanding.
(b)
The ZEO shall issue a certificate of zoning compliance when
he or she determines that all of the requirements of these regulations
have been met.
(c)
No certificate of zoning compliance shall be considered issued
unless signed by the ZEO.
(d)
The ZEO shall inform the application who receives the certificate
of zoning compliance that:
[1]
Such applicant may provide notice of such certification by either
publication in a newspaper having substantial circulation in Canton
stating that the certification has been issued or any other method
provided for by ordinance; and
D.
Orders.
(1)
The ZEO is authorized to issue a stop work order, cease and
desist order, cease and correct order or any order to undertake specified
actions if in his or her judgment the use of land, buildings and other
structures, or the construction, reconstruction, enlargement, extension,
moving or structural alteration of a building or other structure,
are not being carried out in compliance with these regulations, or
any permit or variance issued hereunder.
(2)
The ZEO shall withdraw any order when he/she determines that
there is compliance with these regulations.
(3)
The ZEO is authorized to order in writing the remedying of any
condition found to be in violation of these regulations.
A.
Application submittal.
(1)
Applications to the Commission or the ZBA shall be submitted
to the Land Use Office.
(2)
Applications shall be submitted on application forms obtained
from the Land Use Office. Such application forms shall be approved
by the Commission or the ZBA, as appropriate, and shall list the specific
information required by the Commission or ZBA to process the application.
(3)
Applications shall be accompanied by the required fee(s), per Chapter 248 of the Town of Canton Town Code, as amended.
(5)
Applications shall be signed by the applicant and, the owner
of the affected lot.
(6)
A complete application must be submitted a minimum of 10 days
before a regular meeting in order to be considered by the Commission
at that meeting. Nothing in this section shall be construed to extend
the time limits for action as specified in the C.G.S.
B.
Date of receipt.
(1)
For the purposes of calculating statutory timeframes for processing
applications, the date of receipt of an application to the Commission
shall be the earliest of the following:
C.
Incomplete applications.
(1)
Each application is to be reviewed by the Land Use Office to
determine whether the application is substantially complete.
(2)
An application requiring approval from the Commission shall
be considered incomplete until all of the information as required
by these regulations, or by the Commission, is received at a regularly
scheduled meeting of the Commission.
(3)
An incomplete application may be denied.
(4)
Failure to pay the required fee shall render an application
incomplete.
D.
Consultations.
(1)
On any application, the Commission may seek the advice and opinion
of other officials, boards, or commissions to assist it in evaluating
applications.
(2)
On any application, the Commission may retain a professional engineer, architect, or landscape architect, or other consultant to review, comment, and guide in the application review process, deliberations, and post approval monitoring on any application or approval. When this is required, the applicant shall deposit funds with the Commission for the costs of any consulting review fees pursuant to Chapter 248 of the Town of Canton Town Code, as amended.
(3)
No application shall be approved if there are any outstanding
fees, bills, invoices, or costs relative to the review of the application.
(4)
In
accordance with C.G.S. § 8-1c, the Commission may require
any applicant to pay the cost of reasonable fees associated with any
necessary review by consultants with expertise in land use of any
particular technical aspect of such application, such as regarding
traffic or stormwater, for the benefit of the Commission:
[Added 12-21-2022]
E.
Notice by newspaper.
(1)
When a public hearing is required by C.G.S. and/or these regulations,
the Land Use Office shall cause notice of the hearing to be published
in a newspaper having a substantial circulation in Canton.
(2)
Such notice shall be published at least twice at intervals of
not less than two days, the first not more than 15 days, nor less
than 10 days, and the last not less than two days before the date
of the hearing, per C.G.S. as amended.
F.
Notice by public hearing signs.
(1)
In any matter pending before the Commission requiring a public
hearing any applicant other than the Commission shall post a public
hearing sign as follows:
(a)
The ZEO shall make available a suitable sign for the applicant
to post on the lot to be affected by the application;
(b)
The applicant shall post the sign in a place visible from the
public street and acceptable to the ZEO; and
(c)
Such sign shall be posted at least 15 days prior to the hearing.
(2)
Before the public hearing is opened, the applicant shall file
an affidavit with the Commission that said sign had been posted continuously
for a period of 15 days prior to the hearing. Where a sign has been
removed after posting by persons other than the applicant, the Commission
may waive the requirement for a sign and proceed with the public hearing.
G.
Notice to abutting lot owners.
(1)
When a public hearing is required, any applicant, other than
the Commission, shall notify owners of lots within 100 feet of the
subject lot (including all owners of all individual condominium units),
whether inside or outside Canton, of a pending application by mailing
a notice at least 15 days prior to the first scheduled hearing.
(3)
Notices to such lot owners shall be sent via "Certified United
States Mail." Where any lot owner shall have listed with the Assessor
an address outside the United States, the requisite notice shall be
sent by International Express Mail or equivalent.
(4)
The latest records of the Town Assessor shall be considered
evidence to determine the owner of each lot.
(5)
Before the hearing opens regarding the application, the applicant
shall submit the following to the Land Use Office or the application
shall be considered incomplete:
H.
Notification of adjoining municipalities.
(1)
In accordance with C.G.S. § 8-7d(f), the Commission
shall notify the clerk of an adjoining municipality of any application
concerning any project on any lot in which:
(a)
Any portion of the lot affected by a decision 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 lot;
(c)
A significant portion of the sewer or water drainage from the
project will flow through and significantly impact the drainage or
sewer system within the adjoining municipality; or
(d)
Water runoff from the improved lot will impact streets or other
municipal or private property within the adjoining municipality.
(2)
Such notice shall be made by certified mail, return receipt
requested, and shall be mailed within seven days of the day of receipt
of the application, petition, request, or plan by the Land Use Office.
(3)
Such adjoining municipality may, through correspondence or a
representative, appear and be heard at any hearing on any such application,
petition, request, or plan.
I.
Notification to regional planning agencies.
(1)
In accordance with C.G.S. § 8-3b, the Commission shall
give written notice to the regional planning agency when any land
affected by a regulation or map change affecting the use of a district
is located within 500 feet of the boundary of another municipality
and:
(a)
Such notice shall be made by certified mail, return receipt
requested;
(b)
Such notice shall be made not later than 30 days before the
public hearing; and
(c)
The regional planning agency may submit its advisory findings
and recommendations to the Commission at or before the hearing but
if such report is not submitted, it shall be presumed that such agency
does not disapprove of the proposal.
J.
Notification of water companies.
(1)
In accordance with C.G.S. § 8-3i, an applicant shall
provide written notice to a water company when an application, petition,
request, or plan is filed with the Commission concerning any project
on any lot which is within:
(2)
Such notice shall be made by certified mail, return receipt
requested and shall be mailed within seven days of the date of the
submission to the Land Use Office.
(4)
Such water company may, through a representative, appear and
be heard at any hearing on any such application, petition, request,
or plan.
K.
Notification to parties holding restrictions.
(1)
In accordance with C.G.S. § 47-42d, no person shall
file a permit application with the Commission, the ZBA, or the ZEO,
other than for interior work in an existing building or for exterior
work that does not expand or alter the footprint of an existing building,
relating to property that is subject to a conservation restriction
or a preservation restriction unless the applicant provides proof
that the applicant has provided written notice of such application,
by certified mail, return receipt requested, to the party holding
such restriction not later than 60 days prior to the filing of the
application.
(2)
In lieu of such notice, the applicant may submit a letter from
the holder of such restriction or from the holder's authorized agent,
verifying that the application is in compliance with the terms of
the restriction.
(3)
If the holder of the restriction provides proof to the Commission,
the ZBA, or the ZEO that granting of the permit application will violate
the terms of the restriction, such agency or official shall not grant
the application.
(4)
A party holding a conservation or preservation restriction,
other than a state agency that holds such restriction, may, not later
than 15 days after receipt of actual notice of permit approval, file
an appeal with the ZEO, Commission, or ZBA that granted the permit
application. The ZEO, Commission, or ZBA shall reverse the permit
approval upon a finding that the requested land use violates the terms
of such restriction.
(5)
A state agency that holds a conservation or preservation restriction
may, not later than 30 days after receipt of actual notice of permit
approval, files an appeal with the ZEO, Commission, or ZBA that granted
the permit application. The Commission, ZBA, or ZEO shall reverse
the permit approval if the commissioner of the state agency that holds
such restriction certifies that the land use authorized in such permit
violates the terms of such restriction.
L.
Beneficiaries of a trust.
(1)
Any person who makes an application to the Commission pertaining
to real property, the record title to which is held by a trustee of
any trust, shall file with said application a sworn statement disclosing
the name(s) of the equitable owner(s) of such real property or the
beneficiary(ies) of the trust.
M.
Bonds.
(1)
Where a bond is required by any section of these regulations,
it shall be in one of the following forms and the ZEO shall require
evidence of compliance with the following standards before accepting
any bond:
(a)
Cash deposited with the Town;
(b)
Check to the order of the Town; or
(c)
An irrevocable evergreen letter of credit from a bank certified
to conduct business with the Town.
(d)
A surety bond shall meet the following requirements:
[1]
The surety issuing the bond shall be one approved by the Commission
and found to be acceptable by the Town of Canton Director of Finance
based on the following criteria:
[2]
The surety company shall maintain permanent offices within the
State of Connecticut.
[3]
The surety bond agreement shall contain the following provisions,
at a minimum:
[a]
That payment shall be made in full within 65 days
of written demand by the Commission or its agent;
[b]
That failure to make full payment within such time
shall automatically and without further demand result in a penalty
of 1% of the total outstanding bond for each calendar month or part
thereof that such payment is delayed past the date of demand;
[c]
That if litigation is required to collect the said
surety bond, the surety company shall pay to the Commission the costs
thereof, including witness fees, court entry fees, legal fees, and
any other costs and expenses of such litigation; and
[d]
The surety company shall agree to indemnify and
hold harmless the Commission and the Town of Canton against any and
all claims of damage or injury sustained upon, or as a result of,
the incomplete public improvements during the period following the
demand for payment on said surety bond, and for restoration of any
damage or deterioration (including, but not limited to, erosion and
sedimentation damages) resulting from such delay in payment; and
[e]
Such other provisions as the Commission's legal
counsel shall require.
(2)
The above-referenced forms shall be as provided by the Town
and shall be the only ones acceptable to the Commission. The amount
of the bond shall be the sum which the Commission shall require. The
completion date of all required improvements shall be the end of the
term of the bond or any extension thereof.
(3)
For all performance bond documents. If the applicant is a corporation,
then the corporate seal must be shown in addition to the seal of the
lending institution issuing the passbook assignment or letter of credit,
and a corporate resolution must be provided indicating that the corporate
officer executing the bond documents has authority to do so. If the
applicant is a partnership, then a partnership resolution must be
provided indicating that the partner executing the bond documents
has authority to do so. Any corporation shall provide a certificate
of good standing from the Connecticut Secretary of the State; any
limited partnership shall provide a certificate of legal existence
from the Connecticut Secretary of the State; out-of-state applicants
shall present evidence from the Secretary of the State that they are
authorized to do business in Connecticut.
(4)
If, at any time, any bond required by this section shall not
be in effect for incomplete or unaccepted improvements, the Commission
may either file a caveat on the land records warning potential purchasers
of such fact, void the subject approval or permit in accordance with
the provisions of these regulations, or deny a request for a certificate
of zoning compliance.
(5)
Any required bond shall not be released by the Commission until:
(a)
The release has been requested, in writing, by the applicant;
(b)
The applicant's professional engineer or professional land surveyor
has certified to the Commission, through submission of a set of detailed
"as-built" plans on Mylar, that all improvements and other work are
in accordance with submitted site plans; and
(c)
The Commission's engineer has reviewed the "as-built" plans
and has submitted a letter stating that all required improvements
have been satisfactorily completed and that all conditions and requirements
of the Commission's approval have been satisfied.
(6)
Any cost of collecting a bond, including without limitation,
attorney, bank other collection fees and expenditures, shall be accounted
for by the applicant and may be deducted from amounts released and
such amount shall be paid from the cash bond if one exists, or from
the applicant.
