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.
(2) A regulation amendment application shall be accompanied by the number and type of materials prescribed in Appendix 1 of these regulations for a regulation amendment application (see checklists).
(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.
(2) An incomplete regulation amendment application may be denied in accordance with §
470-909C.
(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:
(a) In accordance with C.G.S. § 8-3b, the Commission shall give written notice to the regional planning agency if required in accordance with the requirements of §
470-909I.
(b) The posting a sign shall be required by the applicant, where feasible, in accordance with the requirements of §
470-909F.
(c) To adjoining municipalities if required in accordance with the requirements of §
470-909H.
(d) To water companies if required in accordance with the requirements of §
470-909J.
(e) To parties holding restrictions may be required by the applicant in accordance with the requirements of §
470-909K.
(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.
(2) The effective date for any regulation change shall be:
(a) The date established by the Commission as part of its action on the application; or
(b) Fifteen days after publication of the Commission's decision, if not otherwise established by the Commission.
(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.
