Sec. 22a-124. Exclusive jurisdiction of council. Municipal regulation of proposed location. Appeal of zoning decision.
Sec. 22a-124. Exclusive jurisdiction of council. Municipal regulation of proposed location. Appeal of zoning decision. (a) Notwithstanding any other provision
of the general statutes, the council shall have exclusive jurisdiction over the siting of
facilities subject to the provisions of this chapter. In ruling on applications for certificates
for facilities, the council shall give such consideration to other state laws and municipal
ordinances and regulations as it shall deem appropriate. Whenever the council issues a
certificate of public safety and necessity pursuant to this chapter, such certificate shall
satisfy and be in lieu of all other certificates, licenses, permits or approvals, or other
requirements of state or municipal agencies in regard to any question of public safety
and necessity.
(b) A proposed hazardous waste facility may be regulated and restricted by any
town, city or borough pursuant to chapters 124 and 126 and by any municipality pursuant
to sections 22a-42 and 22a-42a. The applicant shall apply for any permits required by
such agencies at the same time as the filing of the application with the council. Such
local bodies may make all decisions necessary to the exercise of such power to regulate
and restrict, which decisions shall be made within one hundred thirty days of any application notwithstanding any other statute to the contrary and shall be in writing and recorded
in the records of their respective communities, and written notice of any decision shall
be given to each party affected thereby. Each such decision shall be subject to the right
of appeal within thirty days after the giving of such notice by any party aggrieved to
the council, which shall have exclusive jurisdiction, in the course of any proceeding on
an application for a certificate or otherwise, to affirm, modify or revoke such order to
make any decision in substitution thereof by a vote of eight of the members of the
council. Appeal of a local zoning decision to the council shall be in lieu of any other
appeal authorized by the general statutes.
(P.A. 80-472, S. 11, 14; P.A. 81-369, S. 13, 20.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended section to require an
applicant to apply for approval by local agencies concurrently with application to the council and to require that local
decisions be made within 130 days, rather than 30 days, of the date of application, made changes reflecting transfer of
board's powers and duties to council and specified that appeals to council are in lieu of all other appeals.
Secs. 22a-114-22a-130 cited. 207 C. 706.