Sec. 25-102g. Local zoning within the conservation zone. Standards. Approval procedure. Revision of standards.
Sec. 25-102g. Local zoning within the conservation zone. Standards. Approval
procedure. Revision of standards. (a) After at least five of the towns to which this
chapter applies have voted to be so governed, the planning commission and the zoning
commission, or the combined planning and zoning commission, of each town which so
votes shall promptly revise the zoning ordinances or plan of development and planning
and subdivision regulations, relating to land within the conservation zone of such town
to meet the minimum standards established under the provisions of section 25-102d,
and thereafter shall promptly make further revisions to meet any revised standards
adopted by the commission pursuant to subsection (c) of this section.
(b) No adoption, amendment or repeal of a local zoning, subdivision or planning
regulation with respect to property within the conservation zone within such town shall
be effective which has not received the approval of the Connecticut River Gateway
Commission. Each local zoning commission, planning commission or combined planning and zoning commission shall submit its decision by certified mail to the Connecticut
River Gateway Commission for approval. If, within thirty-five days after receipt of such
submission, said commission has failed to approve or disapprove such submission, it
shall be deemed to be so approved; provided, the Connecticut River Gateway Commission may within said time period reserve decision thereon and schedule the matter for
a public hearing. Notice of the Gateway Commission's decision on the submission or
of its determination to hold a public hearing shall be made in writing to the commission
referring the submission. Such public hearing shall commence within sixty-five days
after receipt of the submission and shall terminate within sixty days of its commencement
and shall be held by a majority of the members of the Connecticut River Gateway
Commission, with representatives of at least five member towns present, at which parties
in interest and citizens shall have an opportunity to be heard. Notice of the time and
place of such hearing shall be published in the form of a legal advertisement in a newspaper having a substantial circulation in the town from which the submission was referred,
two times, at intervals of not less than two days, the first not more than fifteen days nor
less than ten days, and the last not less than two days, before such hearing. The action
of the Connecticut River Gateway Commission shall have the object of regulating the
uses of such property consistent with the purposes of this chapter and promoting the
protection and development for purposes of this chapter of such property by means of
classification of zoning districts according to types of land usage permitted therein, land
coverage, frontage, setback, design and building height and by regulating the cutting
of timber, burning of undergrowth, removing soil or other earth materials and dumping
or storing refuse in a manner that would detract from the natural or traditional riverway
scene, provided such action shall not discourage constructive development and uses of
such property which are consistent with the purposes of this chapter. The commission
shall render a decision on the submission within sixty-five days after completion of the
hearing. The submitting commission may consent to an extension of any period specified
in this subsection, provided such extension shall not be for longer than double the period
specified, or it may withdraw such submission. The Gateway Commission shall publish
notice of its decision in a newspaper having substantial circulation in the town from
which the submission was received.
(c) The commission shall, from time to time, review, and may, after public hearing
of which at least fifteen days' notice has been given in a newspaper or newspapers
having a circulation in the conservation zone, revise the standards established under the
provisions of section 25-102d consistent with the purposes of this chapter. A copy of
the proposed revisions to be presented at such public hearing shall be furnished at least
fifteen days prior thereto to the conservation commissions, zoning commissions, planning commissions or combined planning and zoning commissions of the towns to be
affected thereby.
(P.A. 73-349, S. 6, 11; P.A. 74-103, S. 4, 10; P.A. 79-319, S. 2, 5.)
History: P.A. 74-103 added references to planning and subdivision regulations, clarified which local commissions are
involved under section, required that regulations be revised to meet revised standards adopted by Commission, changed
time after which actions deemed approved in Subsec. (b) from 65 to 35 days after their submission and added reference
to classification of zoning districts by types of land usage and amended Subsec. (c) to require that copies of proposed
revisions be supplied to local commissions at least 15 days before hearing is to be held; P.A. 79-319 added provisions in
Subsec. (b) re public hearings held when Commission decides to reserve decision for the purpose, set deadline for decision
after conclusion of hearing, allowed extensions of deadline and required Commission to publish its decision.