The purpose of this section is to address the role of the Zoning
Enforcement Officers (ZEO) and the permitting requirements for new
or changed land uses, new construction, alterations or building additions.
The intent of this section is to outline the basic requirements
of land use control within the Town of Newtown.
[Added effective 12-2011].
The Newtown Planning and Zoning Commission hereby designates
the Newtown Land Use Agency as the Zoning Enforcement Authority to
implement and enforce the Newtown Zoning Regulations. Zoning Enforcement
Officers will be appointed by the Director of Planning and Land Use.
Where reference is made in these regulations to "Zoning Enforcement
Officer" in the singular, it shall be deemed to be a reference to
any and all Zoning Enforcement Officers who have been appointed hereunder.
Said ZEO shall be authorized to:
(a)
Administer and enforce these regulations; implement and enforce
the decisions of the Commission and the Zoning Board of Appeals (ZBA);
issue zoning permits as hereinafter set forth; make the inspections
required in the administration and enforcement of these regulations
and the decisions of the Commission and the Zoning Board of Appeals;
issue or deny certificates of zoning compliance as set forth herein;
approve building permit applications for zoning compliance; inspect
any lot, premises, building or use, whether public or private, where
said ZEO has reason to believe it is or is about to be in violation
of these regulations; issue orders to cease and desist from the violations
of these regulations;
(b)
If violations are not discontinued within 10 days of such order,
the ZEO may institute civil actions to recover fines and/or additional
civil penalties as provided by Statute.
(c)
A property owner, lessee, or agent thereof may appeal the issuance
of a cease and desist order to the Zoning Board of Appeals within
30 days of such issuance; institute civil actions in accordance with
the General Statutes of Connecticut to prevent or abate violations
of these regulations; seek approval to issue warrants for the arrest
and conviction of any owner, lessee, or agent of such owner or lessee,
of any building, premises or part thereof in which a violation of
these regulations has been committed or is being committed and/or
the architect, builder, contractor or any other person who commits,
takes part or assists in any such violation.
A certified survey by a licensed land surveyor meeting the requirements
of a Class A-2 survey of the Connecticut Technical Council shall be
filed with the Zoning Enforcement Officer (ZEO) under the following
circumstances:
9.01.610 If the construction is an
addition to an existing building or structure, the survey shall be
filed upon application for the permit;
9.01.620 Upon completion of the foundation
for a new building or structure for which Zoning and building permits
have been issued, a survey shall be filed. No further work shall be
done on such building or structure after completion of the foundation
until said survey has been filed with the ZEO;
9.01.630 Where the building or structure
has no foundation, such as a tennis court or swimming pool, the survey
shall be filed with the application for the permit indicating that
the location of the proposed structure has been staked on the ground,
and the applicant shall build the structure in the location staked.
9.01.640 Any such survey shall contain:
the location of all existing and proposed buildings, structures, watercourses,
wells, septic fields and property lines and such measurements between
said objects and lines as are adequate for the ZEO to determine that
the minimum front, side and rear yards are being maintained; that
setbacks from watercourses and water bodies required by the Newtown
Sanitary Code are provided; and that the septic tank, septic fields
and well will have the setbacks from each other and from all buildings,
structures and lines as required by all applicable statutes, codes,
ordinances or regulations.
9.01.650 Notwithstanding Section
595-9.01.600 hereof, no lot or street line need be surveyed which meets all of the following criteria:
9.01.651 The street or lot line is
a physical boundary, but not limited to, such things as fences, stone
walls, brooks, roads, etc.; or a boundary and the existing structures
have been delineated on a survey or Newtown Geographic Information
System (GIS) mapping, with source maps on file to the satisfaction
of the ZEO; and
9.01.652 The applicant proves to the satisfaction of
the ZEO that the boundary in question is not in dispute; and
9.01.653 The ZEO can field verify that the proposed
structure is located more than 10 feet in excess of the required yard
setback.
The violation by any person seeking a zoning permit or certificate
of zoning compliance of the provisions of the Inland Wetlands and
Watercourses Regulations, Newtown Sanitary Code, the Newtown Road Ordinance, the Land Subdivision Regulations, Zoning Regulations or any other regulations within the
"police power," so-called subsequently adopted by the Town of Newtown
acting through its legislative body or its boards or commissions,
shall constitute a violation of these regulations and, while said
violation is continuing, shall be sufficient cause to refuse to issue
or revoke said zoning permit or to refuse to issue said certificate
of zoning compliance.