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.
(4) Applications shall be submitted with supporting plans, materials, and other information as required by these regulations and as required by the application forms and application checklists included herein. See
Article 5: Forms for application information. See
Article 1: Application Checklists for a list of checklists.
(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:
(a) The date of the next regularly scheduled meeting of the Commission following the date of submission; or
(b) Thirty-five days after submission to the Land Use Office.
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. See
§ 470-909D for detalied information.
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.
(3) At a minimum, such notice shall consist of the following:
(a) A description of the proposed activity; and
(b) Notification of the date, time, and location of the scheduled hearing.
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.
(2) At a minimum, such notice shall consist of:
(a) A description of the proposed activity;
(b) Notification of the date, time, and place of the first scheduled hearing; and
(c) A copy of the application form submitted to the Commission or the ZBA.
(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:
(a) A copy of the complete package of information sent to abutters;
(b) A list and addresses of the abutters to whom the notices were sent;
(c) Proof of mailing such as "certificates of mailing" issued by the United States Postal Service; and
(d) If any of the items required in Subsection G(5)(a) through (c) above are not submitted, 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:
(a) An Aquifer Protection Area, provided such area has been delineated in accordance with C.G.S. § 22a-354c; or
(b) The watershed of a water company, provided such water company has filed a map with the Commission showing the boundaries of the watershed.
(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.
(3) Prior to the scheduled meeting regarding the application, the applicant shall submit the following to the Land Use Office or the application shall be considered incomplete:
(a) A copy of the completed standard notification form; and
(b) Proof of mailing.
(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.
