The following procedure shall govern all applications for preliminary or final approval hereunder.
By making an application for preliminary or final approval hereunder, the applicant and the owner of the premises to which such application relates authorize the Commission or its designee to enter upon said premises and to inspect the same and to perform, or to have performed, tests, measurements, studies, environmental review, and other procedures necessary or appropriate to verify or clarify information supplied with such application or to ascertain new information reasonably necessary to a proper determination of such application. By making an application for preliminary or final approval hereunder, the applicant and the owner of the premises to which such application relates consent and authorize the Town Engineer to review the application, to inspect the premises prior to a decision on the application, and to inspect and monitor work performed following approval of the application. The costs of such inspections shall be according to a schedule of fees established by the Commission. The applicant shall pay the amount of the fees thereof when due and payable. If the applicant does not pay the fees after notification of the amount, the Commission shall not proceed to a hearing or determination of the application and may, without further proceedings, disapprove it, or in the case of an approved application shall not issue zoning permits for buildings and shall deduct such fees from any performance bond prior to its release.
The Commission shall afford the applicant a hearing upon any application (other than an application for approval of a road wholly within, or for such portion of a road which is partly within, a subdivision, approval of the plan of which is simultaneously applied for pursuant to Chapter 126 of the Connecticut General Statutes) for preliminary or final approval hereunder. Notice of the hearing shall be given to the applicant and to the First Selectman, by registered or certified mail, not less than seven days prior to the date of the hearing. At any such hearing, the Town, any agency or commission of the Town, and any public official of the Town, acting in such capacity, shall have standing to appear and be heard. In addition, any person owning land, which abuts the land with respect to which such approval is sought shall have standing to appear and be heard at the hearing thereon. The Commission may also, in its discretion, permit any other person to appear and be heard at any such hearing if it finds, upon application therefor, that such person has a substantial right, title or interest which will be affected by the Commission's decision. Any person entitled or permitted to appear and be heard may be represented by counsel.
No record shall be kept of any hearing upon an application for preliminary or final approval hereunder except when the Commission in its discretion deems it appropriate to do so or when the applicant delivers a written request therefor, together with the fee prescribed by the Commission, at the time of making his application, in which cases the Commission shall call in a competent stenographer to take the evidence or shall cause the evidence to be recorded by a sound-recording device in such hearing. All exhibits accepted in evidence at such hearing shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record. Upon request of any person interested in the proceeding made within 90 days following the Commission's decision upon any such application for preliminary or final approval, the Commission shall furnish to such person copies of a transcript of the hearing or hearings upon payment of the cost of such copies and of all, or such portion as the Chairman of the Commission may determine, of the cost of such transcript. All testimony given, or statements made, at a hearing may, if so required by the Commission, be given or made under oath.
The concurring vote of a majority of the members of the Commission shall be necessary to approve, or modify and approve, any application for preliminary or final approval hereunder. The vote upon an application of any member of the Commission who was not present at the public hearing, if any, upon such application shall not be counted. The Commission shall approve, modify and approve or disapprove an application for preliminary approval hereunder within 35 days after the hearing thereon, provided that an extension of time not to exceed a further period of 35 days may be had with the consent of the applicant. Except as otherwise provided by § 8-26 of the Connecticut General Statutes in respect of an application for approval of a road wholly within, or for such portion of a road which is partly within, a subdivision, approval of the plan of which is simultaneously applied for pursuant to Chapter 126 of the Connecticut General Statutes, the failure of the Commission to act upon an application within the time prescribed hereunder shall not constitute, or be considered as, an approval. The Commission's decision shall become effective at such time as is specified by the Commission in its decision.
Notice of the decision of the Commission hereunder shall be sent by registered or certified mail to the applicant, and to any person requesting such notice at the hearing upon the application, within 15 days after such decision has been rendered. Such notice shall be a simple statement that such application was approved, modified and approved or disapproved, together with the date of such action. A copy of such notice shall also be sent to the First Selectman.
Each applicant for a preliminary or final approval hereunder shall pay at the time of filing the application the application fee and an inspection fee in the amount prescribed therefor by resolution of the Commission. Such fee shall be standard for all applications of the same type, except that the Commission may adopt a fee schedule providing for different inspection fee amounts depending upon the length of a proposed road.