ࡱ> >@= (bjbj 44 0////   $&&&&&&S"N&     &//;,,, "//$, $,,rT/U,,Q0:",""8  ,     &&,       "          :  SEQ CHAPTER \h \r 1Establishment of a Planning and Zoning Commission Statutory Reference: Conn. Gen. Stat. 4a 8-20 Purpose: As authorized by state statute, to create a Planning and Zoning Commission to adopt and enforce zoning regulations as authorized by Section 8-2 of Chapter 124 of the Connecticut General Statutes; to prepare, adopt, and amend the plan of conservation and development for the Town of Hampton pursuant to Section 8-23 of Chapter 126 of the Connecticut General Statutes; and to adopt and enforce regulations for the subdivision and resubdivision of land pursuant to Sections 8-25 and 8-26 of Chapter126 of the Connecticut General Statutes. Definitions: malfeasance is any intentionally illegal act or knowingly exceeding ones authority for improper (illegal or prohibited) reasons. misfeasance is committing a wrong or error by mistake, negligence or inadvertence but without bad intent or violation of the law. nonfeasance is continued and successive failure to perform ones duties or obligations in their position on this board. Exceptions: None. Ordinance Text: Membership and Membership Requirements The Planning and Zoning Commission of the Town of Hampton shall consist of five (5) members who shall be Electors in the Town of Hampton, holding no salaried municipal office, with all the powers and duties specified in Chapters 124 and 126 of the General Statutes of Connecticut, as amended. The First Selectman of the Town of Hampton shall also be a member of said Commission but without voting privileges. There shall also be three (3) alternate members. No member or alternate member of the Zoning Board of Appeals may be a member or alternate member of the Planning and Zoning Commission. Selection of the Members Members of the Planning and Zoning Commission shall be chosen as follows: The current members of the Planning and Zoning Commission as of the effective date of this Ordinance shall continue to serve as members of the Planning and Zoning Commission. The term of membership of each said member shall expire on the date in which their membership was due to have expired under the terms of their election and/or the previous ordinance. At each biennial election of the Town there shall be elected to the Planning and Zoning Commission one (1) member who shall hold office for five (5) years beginning on the date of his election and one (1) member who shall hold office for five (5) years from the first anniversary of his election. There shall be minority representation on this Commission as provided in Section 9-167a of the General Statutes. Alternate members of the Planning and Zoning Commission shall be appointed for five (5) year terms by the Board of Selectmen of the Town of Hampton. 3. Removal of Members In accordance with Section 8-1 of Chapter 124, this ordinance establishes that any member of the Commission may be removed from their position on the Commission for good cause, defined as malfeasance, misfeasance or nonfeasance in their duties on the Commission. Following a written warning to the member regarding possible removal, the Commission may by majority vote of its members, hold a hearing on the removal of a Commission member. The Commission member whose removal is being sought is not entitled to vote for or against a hearing for their removal. The Commission member must then be notified in writing at least two (2) weeks prior to a second meeting where a vote will be held for the purpose of expelling the Commission member. The second hearing, where a removal vote will take place, will be done by majority vote of the Commission members. The Commission member whose removal is being sought is not entitled to vote for or against their removal from the Commission. 4. Vacancies In accordance with Section 8-1 of Chapter 124, this ordinance establishes that any vacancies on said Commission due to death, resignation or removal shall be filled by an alternate member of the Commission or eligible elector of the Town of Hampton by recommendation of the Commission and appointment by the Board of Selectmen to serve the remainder of the unexpired portion of the term of the former Commission member. 5. By-Laws and Rules The Planning and Zoning Commission is authorized to adopt by-laws and such other procedures as it may deem necessary for the efficient management of its business. Copies of any such by-laws and/or rules shall be filed by the Town Clerk and placed on record before they shall be effective. 6. Powers of the Commission As authorized by state statute and this ordinance, to adopt and enforce zoning regulations as authorized by Section 8-2 of Chapter 124 of the Connecticut General Statutes; to prepare, adopt, and amend the plan of conservation and development for the Town of Hampton pursuant to Section 8-23 of Chapter 126 of the Connecticut General Statutes; and to adopt and enforce regulations for the subdivision and resubdivision of land pursuant to Sections 8-25 and 8-26 of Chapter126 of the Connecticut General Statutes. The Commission shall also have those powers and duties now or hereafter conferred upon Planning and Zoning Commission by statutes of the State of Connecticut. 7. Conflicts of Interest and Temporary Disqualification of Commission Members No member of this Commission may personally appear before or represent any person, firm or corporation or other entity in any matter pending before the Planning and Zoning Commission or the Zoning Board of Appeals. No member of this Commission who is associated with or employed by a person or entity that has business before the board shall participate in the hearing, deliberation or decision with respect to such matter pending before the Planning and Zoning Commission or the Zoning Board of Appeals. No member of the Planning and Zoning Commission shall participate in the hearing, deliberation or decision of the Commission of any matter in which they have a personal or financial interest. If any member of the Commission is temporarily disqualified for any of the above-referenced reasons, that Commission members vacancy will be temporarily filled by an alternate for the duration of the pending matter, provided the alternate member does not have a conflict of interest. 8. Severability If any section, paragraph, change or provision of this ordinance shall be deemed invalid, such adjudication shall apply only to the section, paragraph, change or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective. Fees: As proposed from time to time by the Planning and Zoning Commission and the Board of Selectmen and approved by Town Meeting or Special Town Meeting. Penalties: As proposed from time to time by the Planning and Zoning Commission and the Board of Selectmen and approved by Town Meeting or Special Town Meeting. Cross References: Conservation Commission Ordinance; Inland, Wetlands and Watercourses Agency Ordinance; Zoning Board of Appeals Ordinance. Cross References: Conservation Commission Ordinance; Inland, Wetlands and Watercourses Agency Ordinance; Zoning Board of Appeals Ordinance. Date(s) Approved: May 16, 1960; April 29, 1971, Town Meeting, November 17, 2008. Date(s) Published: May 16, 1960; May 4, 1971. Effective Date(s): May 31, 1960; May 19, 1971. History: 1960: A Planning Commission was established by a vote of a Town Meeting on May 14, 1960. The original Planning Commission Ordinance was published on May 16, 1960 and was effective on May 31, 1960. 1971: The ordinance creating the Planning and Zoning Commission and the Zoning Board of Appeals superseded this ordinance, renaming The Planning Commission to The Planning and Zoning Commission of the Town of Hampton and was approved on April 29, 1971, published on May 4, 1971, and became effective on May 19, 1971. 2008: November 2008 Reformatted to template and added definitions. Split Ordinance into two ordinances; one for the Planning and Zoning Commission and one for Zoning Board of Appeals. Added statutory references. Revised language for the removal and appointment of Board members. Added language regarding the powers of the Board. Added language about conflicts of interest. Added sever provision. 2016: Removed Ordinance Number and corrected statutory reference. 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