A. Town Planning and Zoning Enforcement Responsibilities641. There shall be Department(s) established for the coordination of the planning and zoning functions, including, but not limited to the master plan or plan of development (or the successor planning requirements), building code inspection and enforcement, building zone regulations, subdivision regulation, the renewal activities and the capital planning activities of the Town. Each of these Departments shall be constituted to perform such functions and have such powers and duties as are imposed by the General Statutes, Special Acts, this Charter and the Ordinances. The directors of each Department established by Ordinance shall be subject to the provisions of this Charter generally applicable to Department Heads
642.
B. Building Department643.
(1) Powers644. The Department shall be responsible for administering and enforcing the State of Connecticut Building Code and the provisions of the General Statutes and regulations that govern residential, commercial and industrial construction. Moreover, the Department shall assist the Fire and Police departments in emergency situations pertaining to enforcement of the provisions of the Building Code.
(2) Building Official645. The head of the Department shall be the Building Official who shall perform such duties as may be required by Law.
(a) Appointment646. The Mayor shall appoint and may remove the Building Official, subject to the provisions of the General Statutes and, if consistent therewith and applicable thereto, the Merit System
647. In accordance with the provisions of the General Statutes, the Building Official shall hold office for the prescribed term, subject to reappointment, or until a successor shall be appointed and shall have qualified
648.
(b) Qualifications649. Said Building Official shall meet the qualification650 and license requirements
651 as set forth in the General Statutes
652 and meet such education, training and experience in accord with nationally accepted professional standards and best practices in the applicable field as developed pursuant to § 8-2.F of this Charter.
(c) Appointment and Removal of Employees653. Said Building Official may appoint and may remove, subject to the provisions of the Merit System, such assistants as may be necessary.
C. The Town Planning and Zoning Department654.
(1) Powers655. The Department shall, except as otherwise supplemented by the Legislative Council, be responsible for ensuring appropriate development and adaptation to changes of the built environment; protecting the Town's natural resources; updating and enforcing zoning, inland wetland and water course, subdivision, aquifer protection, flood plain, village district regulations; processing applications for land use; providing oversight of the Planning and Zoning Commission, Zoning Board of Appeals, Inland Wetland and Water Course Commission, and other Commissions or Boards that fall within the purview of the Department; and enforcing the Anti-Blight and Property Maintenance and related Ordinances of the Town.
(2) The Town Planner656. The Town Planner shall be the head of Town Planning and Zoning Department
657 and shall have the duty of advising the Mayor and the Town Planning and Zoning Commission concerning a comprehensive plan of development
658. The Town Planner shall have the duty of advising the Town Planning and Zoning Commission, and any other Commission or Department
659 concerning the effect of any actions it may take on said comprehensive plan
660. The Town Planner shall be responsible to the Mayor
661.
(a) Appointment. The Mayor shall appoint the Town Planner as set forth in § 8-2.A of this Charter
662. The Town Planner shall serve a term coterminous with that of the appointing Mayor, subject to the provisions of §§ 3-10.A (2) and 8-2.B of this Charter and until a successor shall be appointed and shall have qualified663.
(b) Qualifications664. The Town Planner shall be a graduate municipal planner or otherwise professionally qualified by training or experience, including but not limited to any certifications by professional organizations in the planning field
665,
666. Said qualifications shall be in accord with nationally accepted professional standards and best practices in the applicable field as developed pursuant to § 8-2.F of this Charter.
(c) Appointment and Removal of Employees667. Subject to the provisions of the Merit System, the Town Planner may appoint and may remove all other employees of the Department.
(3) Zoning Enforcement Officer668. The Town Planner669 shall appoint and may remove subject to the provisions of the Merit System a Zoning Enforcement Officer who shall be responsible for the enforcement of zoning regulations and have such other duties as the Council may prescribe.
D. Other Departments670. There shall be established by Ordinance, Departments
671 of the Town in accordance with § 8-2 of this Charter charged with the administration of programs pertaining to the environmental, economic development and planning needs of the Town.
640 Charter Revision of 2011.
641 Charter Revision of 2011.
642 Charter Revision of 2011.
643 Charter Revision of 2011.
644 Charter Revision of 2011.
645 1983 Charter § 10-5 (first sentence).
646 Modification of 1983 Charter § 10-5 (first sentence). This modification recognizes that the General Statutes are applicable and should be taken into account during the hiring and removal processes.
647 See, C.G.S. 29-260 (Formerly Sec. 19-396) entitled "Municipal building official to administer code. Appointment. Dismissal."
648 See, C.G.S. 29-260. (Formerly Sec. 19-396) entitled "Municipal building official to administer code. Appointment. Dismissal."
649 Charter Revision of 2011.
650 See. C.G.S. 29-261 (Formerly Sec. 19-397) entitled "Qualifications of building official and assistant building officials. Powers and duties. Return of building plans and specifications".
651 See, C.G.S. 29-262 (Formerly Sec. 19-397a) entitled "Licensure of building officials. Continuing educational programs. Suspension or revocation of license or certificate. Hearing. Appeal. Indemnification". See also, C.G.S. 29-251b re Building Code Training Council.
652 Building Board of Appeals. The purpose of the Building Board of Appeals is to serve as an appellate board to owners whose mode or manner of construction in creating or altering a building has been rejected by the building official's approval. The owner must write their appeal to the board, after which the board decides whether the person has a right to an appeal hearing or not. After an appeal has been accepted by the board, the chairman then shall appoint at least three board members to a panel to hear the case. Following the result of the hearing the Board informs the building official and the owner of their findings. If the owner is still not pleased with the ruling of the board they have the option to appeal to the Codes and Standards Committee within 14 days of the ruling. The overall goal of the board is to ensure that the public has a forum to express concerns if they feel they are being treated unfairly in the building process. The Commission works to make sure both sides are heard to thus ensuring a decision that both sides can work with in the future. This board consists of five members, with no more than three of the same political party. This is a five-year appointment, which is recommended by the Mayor and subject to the approval of the Legislative Council. Meetings are scheduled as needed.
653 1983 Charter § 10-5 (second sentence).
654 Charter Revision of 2011.
655 Charter Revision of 2011.
656 1983 Charter § 13-4.
657 1983 Charter § 13-4 (third sentence).
658 1983 Charter § 13-4 (third sentence).
659 "Department" shall include "...or agency".
660 1983 Charter § 13-4 (fourth sentence).
661 1983 Charter § 13-4 (second sentence).
662 Modification of 1983 Charter § 13-4 (first sentence); in lieu of the following: "...subject to the approval of the Council and may be removed by the Mayor".
663 Charter Revision of 2011.
664 Modification of 1983 Charter § 13-4 (second sentence).
665 AICP Certification Requirements. See www.planning.org/certification/eligible.htm.
666
Modification of 1983 Charter § 15-2.
667 1983 Charter § 13-4 (fifth sentence).
668 Modification of 1983 Charter § 13-5 by replacing appointment by the "Mayor" with "Town Planner".
669 In lieu of "the Mayor".
670 Charter Revision of 2011.
671 "Department" includes "and agencies".