9.5 Text Amendment Application
A Text Amendment application shall be submitted for any proposal to amend, change, or repeal any Section of these Regulations.
9.5.B Submission Requirements
- A Text Amendment application shall be submitted to the Commission or agent and shall include a completed application form and the appropriate fee. The Commission shall not be required to pay a fee for a text amendment application made on its own initiative.
- A Text Amendment application shall be accompanied by ten copies of the wording of the existing and proposed text and any other supporting information, including reason(s) for the proposed amendment.
- The Text Amendment application and accompanying documents shall be submitted to the City Planner three weeks prior to any regularly scheduled meeting of the Commission.
- In addition to paper copies of the application a PDF of the initial application and all subsequent revisions and supplemental materials shall be provided.
- The Commission shall not be required to hear any petition or petitions relating to the same text changes, or substantially the same text changes, more than once in a period of twelve (12) months unless it finds, on facts presented in writing, that a material change in the situation justifies this action. A change of ownership of property or any interest therein shall not be deemed a material change in the situation for the purpose of this Section.
- The date of receipt for the Text Amendment application shall be determined in accordance with Section 9.9.B.
- An incomplete Text Amendment application may be denied in accordance with Section 9.9.C.
- The Commission shall hold a public hearing on the Text Amendment application and:
- Shall cause a legal notice to be published in accordance with the requirements of Section 9.9.F of these Regulations.
- May publish the full text of such proposed regulation in full in such notice.
- In accordance with CGS Section 8-3b, the Commission shall give written notice to the regional planning agency when any portion of the land affected by a regulation change affecting the use of a zone is located within five hundred (500) feet of the boundary of another municipality and:
- Such notice shall be made by certified mail, return receipt requested.
- Such notice shall be made not later than thirty (30) days before the public hearing.
- 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.
- Notification by the Commission may be required to:
- Adjoining municipalities in accordance with the requirements of Section 9.9.I.
- Water companies in accordance with the requirements of Section 9.9.J.
- The Commissioner of Connecticut Department of Energy and Environmental Protection in accordance with CGS Section 22a-104.
- The Commission may refer any application to amend these Regulations to any City department or other agency the Commission deems appropriate and may request any such department or agency to submit a report to the Commission on matters that are of concern to such department or agency.
- A copy of the proposed regulation shall be filed by the applicant in the office of the City Clerk for public inspection at least ten days before the public hearing.
- The Commission shall process the Text Amendment application within the period of time provided under CGS Section 8-7d:
- The public hearing shall commence within sixty-five (65) days after receipt of the application.
- The public hearing shall be completed within thirty-five (35) days after such hearing commences.
- All decisions shall be rendered within sixty-five (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 sixty-five (65) days.
- These provisions shall not apply to any action initiated by the Commission regarding adoption or change of any Regulation.
- The applicant may, at any time prior to action by the Commission, withdraw such application.
9.5.D Decision Considerations
- The Commission shall act upon the changes requested in such Text Amendment application.
- On a Text Amendment application involving notice to adjoining municipalities under Section 9.9.I or notice to water companies under Section 9.9.J or notice to a regional planning agency under CGS Section 8-3b:
- Any report received from those agencies shall be made a part of the record of such hearing.
- The Commission shall give due consideration to any report or testimony received.
- In making its decision the Commission shall:
- Consider whether the text amendment will be in accordance with a comprehensive plan (the overall scheme of the zoning map and these Regulations); and
- Take into consideration the Plan of Conservation and Development, prepared pursuant to CGS Section 8-23.
- Before approving any Text Amendment application, the Commission shall determine that the proposed regulation change will aid in:
- Protecting the public health, safety, welfare, or property values; and
- Attaining the purposes of these Regulations.
- 5. In accordance with CGS Section 8-3(b), such text change(s) shall be established, changed or repealed only by a majority vote of all the members of the Commission except that, if a protest against a proposed change is filed at or before a hearing with the Commission, signed by the owners of twenty (20)% or more of the area of the lots affected by such proposed change or of the lots within five hundred feet in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of two-thirds of all the members of the Commission.
9.5.E Action Documentation
- Whenever the Commission acts upon a Text Amendment application, it shall state upon the record the reason(s) for its decision.
- In accordance with CGS Section 8-3a(a), the Commission shall state on the record its findings on consistency of a proposed zoning regulation or text change with the Plan of Conservation and Development, as may be amended.
- As part of approving a Text Amendment application:
- The Commission shall establish an effective date for the Regulation change provided that a notice of the decision of the Commission shall have been published in a newspaper having a substantial circulation in Groton before such effective date; or
- If an effective date is not so specified, the text amendment shall become effective upon publication in a newspaper having a substantial circulation in Groton.
- The Commission shall send, by certified mail, a copy of any decision on a Text Amendment application to the applicant within fifteen (15) days after such decision is rendered.
- The Commission shall cause notice of the approval or denial of the Text Amendment application to be published within fifteen (15) days after such decision is rendered in a newspaper having a substantial circulation in Groton.
- In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the person who submitted such application may provide for the publication of such notice within ten days thereafter.
9.5.F Following Approval
A regulation amendment approved by the Commission shall be filed in the office of the City Clerk before the effective date.