The purposes of this section are to outline and describe the processes, the procedural requirements, and the actions necessary to utilize and implement these Regulations. It further authorizes and designates the Zoning Enforcement Officer as its enforcement authority to enforce all provisions of these Regulations. In the case where no Zoning Enforcement Officer has been so designated and appointed, the Commission shall serve as the enforcement authority.
Section 32.1 - Applications and Fees
All requests for approval for land uses described in these Regulations shall be made by application, supplied by, and obtained from the Planning, Zoning, and Building Department. All such applications shall be accompanied by all fees required by and described in such application or in these Regulations. The applicant shall be responsible for submitting accurate information and all factual errors shall be the responsibility of the applicant. The finding of any such errors and inaccuracy, at any stage of a regulated land use, shall constitute a violation of these Regulations and may cause the revocation of any or all approvals previously obtained.
Any plan that requires a variance(s) in order to meet the requirements of these regulations, must obtain the needed variance(s) from the Zoning Board of Appeals before it can be presented for review by the Planning and Zoning Commission (revision effective May 15, 2006).
Section 32.2 - Submissions Required
All information required by these Regulations shall be submitted to the Planning, Zoning and Building Department accompanied by application(s) referenced in 31.1 in the following quantities and within the time frames listed below:
A. Site Plan and/or Special Permit Approval Ten (10) copies of all materials 30 days prior to the next regularly scheduled meeting of the Planning and Zoning Commission (revision effective July 8, 2006).
B. Zone change and/or Regulation amendment Ten (10) copies of all materials thirty (30) days prior to the next regularly scheduled meeting of the Planning and Zoning Commission.
C. Variances and Zoning Board of Appeals Approvals Seven (7) copies of all materials two (2) weeks prior to the next regularly scheduled meeting of the Zoning Board of Appeals.
D. Applications Required for Uses Allowed as of Right and Administrative Permits Two (2) copies of all materials submitted at the time of application.
Section 32.3 - Revisions
The Commission shall not be required to accept revisions of plans and materials after applications have been placed on the agenda for action. Major revisions, unless specifically authorized or initiated at the request of the Commission, shall be considered only upon withdrawal and re-application.
Section 32.4 - Minimum Accuracy Standards for Maps
All maps, plot plans and surveys shall be prepared by a Connecticut licensed land surveyor and shall be certified by the preparer to be a map of "A-2" accuracy.
Section 32.5 - Required Notification
The applicant shall be responsible for all notification requirements except the legal advertisement, which shall be placed by the Town pursuant to Connecticut
General Statutes. For all matters requiring action by the Commission or the
Zoning Board of Appeals the applicant shall be responsible for the following notifications.
A. Notification to all abutting property owners, by certified mail, (return receipt requested), advising them of the proposal, the location, and the time and date and place of the meeting at which such proposal shall be heard. Such notice shall be mailed at least fifteen (15) days prior to such meeting.
B. A sign or signs shall be placed on the subject property, at least fifteen (15) days prior to the meeting at which the proposal shall be heard. The sign(s), which shall be no less than ten (10) square feet in area, shall state the following: THIS PROPERTY IS SUBJECT TO ACTION BY THE PLANNING AND ZONING COMMISSION or THE ZONING BOARD OF APPEALS, the date, time and place of the meeting. Such signs shall be of durable material(s), have black lettering two (2") inches (minimum), white background, shall be located so as to be clearly visible from the public street nearest the front of the property. Signs posted shall be no further apart along public streets than five hundred (500') feet. All signs shall be placed at the applicant's expense and shall be removed immediately
after the appeal period [fifteen (15) days] has expired.
Section 32.6 - Procedure Upon Approval of Proposal
Upon approval of any proposal, and following any appeal period applicable, the applicant shall seek to obtain all relevant permits from the Planning, Zoning, and Building Department. Applications for building and zoning permits shall be made available and upon payment of all applicable fees and compliance with all relevant standards, such permits shall be issued. Failure to comply with all provisions, conditions, codes, ordinances and the like shall authorize the Zoning Enforcement Officer to cause the revocation of such permits.
32.7 - Zoning Permits
No land shall be used and no building or structure shall be constructed, reconstructed, extended, enlarged, in whole or in part, for any purpose, until a zoning permit for the proposed work or use has been issued by the Zoning Enforcement Officer. The following shall apply to all applications for zoning permits:
A. No building permit for the construction, reconstruction, or addition to any building or structure shall be issued until a zoning permit has been obtained from the Zoning Enforcement Officer.
B. A zoning permit shall not be issued for any proposal, on any property, on which exists a violation of these Regulations.
32.8 - Certificate of Occupancy
Certificate of Use and Occupancy shall be issued in accordance with the provisions of the Connecticut Building Code but shall not be issued prior to the Certificate of Zoning Compliance.
32.9 - Certificate of Zoning Compliance
Prior to issuance of Certificate of Use and Occupancy, and/or release of all surety held by the Town relative to the project or proposal, a Certificate of Zoning Compliance must be issued by the Zoning Enforcement Officer, which shall certify that all proposed development has been performed and completed in accordance with the provisions of these Regulations.
32.10 - Procedure When Regulations are Violated
The procedures shall be in accordance with Section 8-12 of the Connecticut
General Statutes.
32.11 - Partial Unconstitutionality
If any term, part, provision, section or regulation shall be held unconstitutional or ineffective in whole or in part by any court of competent jurisdiction, then to the extent that it is not unconstitutional or ineffective such term, part, provision, section, regulation or penalty clause shall be in full force and effect; nor shall such determination be deemed to invalidate any remaining term, part, provision, section, regulation, or penalty clause of these Regulations.
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