Town of Canterbury CT

Town of Canterbury
1 Municipal Drive
Canterbury CT 06331

Town Ordinances

[This sampling of Town Ordinances and Special Acts is provided as a service, and should not be considered a complete listing. A complete copy of all Town Ordinances is available on  the Town Clerk's page of this website or in the Town Clerk's office]

 

ANIMALS

Town Meeting - March 3, 1851

Voted, that no horses, asses, mules, neat cattle, except one cow from each family, sheep or geese shall go at large in the highways or within the limits of this Town.

2nd. It shall he the duty of the Haywards and it shall be lawful for any person in this town to impound all such creatures except one cow from each family going at large as aforesaid.

3rd. The owners of all such creatures going at large and impounded as aforesaid shall forfeit and pay in addition to sums by law allowed for poundage fees an allowance for food and water and for poundage for geese which shall be four cents each and for allowance for food and water for geese four cents each per day. The sum of twenty-five cents for each horse, ass or mule and twenty-five cents for each sheep and goose to the person who shall take up and impound said creatures and no creature so impounded shall be released therefrom until said sums are paid to the Poundkeeper who is authorized and directed to receive the same and pay over according to the provisions of this act.

4th. Any person so impounding such creatures shall give notice to the owner if known and if the owner be known or not such creatures shall be proceeded with according to the laws of this State regarding cattle impounded.

5th. The Town Clerk is authorized and directed to cause the forgoing to be published four weeks successfully in the Norwich Courier and Norwich Aurora newspapers published in Norwich and generally circulated in said Town of Canterbury.

ANNUAL BUDGET MEETING

Town Meeting June 18, 1948:

Voted, to set as a permanent date for the Annual Budget Meeting, the 3rd Friday of June each year.

Amended to read "the 3rd Friday of May " as the day for the Annual Budget Meeting for the Town of Canterbury.

Adopted May 20, 1966

ASSESSORS

Town Meeting of February 18, 1929:

Voted, that the assessors be and hereby are instructed that no dairy animal shall be assessed at a valuation than other dairy animals because of its quality or ancestry.

BOARD OF EDUCATION

Town Meeting June 21, 1957:

Voted, Town of Canterbury maintain a seven member Board of Education.

B0ARD OF FINANCE

Town Meeting October 15, 1953:

Voted, pursuant to Chapter 772 of the General Statutes of Connecticut, approval was given by the legal voters of Canterbury to establish a Board of Finance in said Town. Said Board to consist of six members to be named by the Selectmen.

CONNECTICUT EMPLOYEES RETIREMENT ASSOCIATION

Town Meeting June 24, 1949

Voted, to empower the Board of Selectmen to enroll in the Connecticut Employees Retirement Association any person or persons employed by the town who are eligible, providing the said Board agrees that such a move would be a benefit to the Town of Canterbury.

COWS

Town Meeting June 14, 1858

Voted, that no cows should be allowed to run at large on the highways and commons in said town.

DISPOSAL OF RUBBISH

Town Meeting March 17, 1958

Voted, no person shall transport garbage, offal, rubbish or waste material into the Town of Canterbury from any other town for the purpose of disposal. The violation of this ordinance shall be deemed a misdemeanor punishable by a fine not exceeding $25.00 for each offense.

ELECTIONS

Town Meeting June 19, 1959

Voted, in accordance with Section 7-148 and Section 9-174 of Connecticut General Statutes, Revision of 1958, the hours of voting at all regular and special town elections of the Town of Canterbury shall henceforth be from 6:00 o'clock a.m. to 8:00 o'clock p.m.

FISCAL YEAR

Town Meeting October 6, 1941

Voted, that this town adopt a fiscal year ending June 30th to conform to the State fiscal year.

HIGHWAYS

Town Meeting October 4, 1889

Voted, that the selectmen be authorized to let out by contract the repairing of highways for one or more years by districts or otherwise as to them seems best for the interest of the town, constructors to give bonds in a sufficient sum to guarantee a faithful fulfillment of their contracts according to specifications.

General Assembly October 1795:

Resolve Discontinuing a Highway in Canterbury

On petition of Ephraim Lyon, showing that in the year 1785 the Selectmen of Canterbury laid out a highway to the farm now owned by said Lyon, beginning at said Lyons Pat-Ash, near said Lyon's dwelling - house, running a southeasterly course to Parker Adams' Mill, until it intersects the road that leads to Norwich.

Resolved by this assembly, That Said highway laid out by the selectmen of Canterbury in the year 1785 from said Ephraim Lyon's Pot-Ash to the dwelling-house lately owned by Mary Leach, now owned by Azor Allen, be and the same is hereby discontinued and liberty and authority is hereby granted to the said Ephraim Lynn to fence up the same; and that a convenient passway be kept open from the dwelling-house of Azor Allen southward in the line of said old highway, to the highway last laid out by said Windham Court of Common Pleas.

General Assembly May 1827:

Resolved by this assembly, THAT the passway or road from the dwelling house formerly occupied by Azor Allen in the town of Canterbury, passing southward in the line of an old road to the road laid out by the Court of Common Pleas, passing by the dwelling house of David Butts, which was oriented to be kept open by a resolve of the General Assembly, passed at this session held at New Haven on the second Thursday of October 1795, and the same is hereby discontinued, and the same may be fenced and enclosed in the same manner as if said resolve of 1795 had had never passed.

PEDDLERS

Town Meeting February 16, 1935

Voted, not too require license of out of town peddlers who do business in this town.

PUBLICATION OF REPORTS

Town Meeting September 9, 1958

Voted, an ordinance concerning the Publication of Reports as provided in Section 359-D of the 1955 Supplement to the Connecticut General Statute.

1. The publication of reports in a newspaper as provided in section 359-D of the Supplement to the General Statutes is hereby waived.

2. The Board of Finance of the Town of Canterbury shall provide for the printing or mimeographing of copies of such reports in a number sufficient to mail (1) one copy to each Postal Boxholder of said town. The Board of Finance shall mail such copies five (5) days before the annual budget meeting.

3. To Board of Education and the Board of Selectmen to give the Board of Finance a copy of their itemized expenditures each month, for that month, not later than the 10th of the following month, including expenditures to April 30, so that the Board of Finance can give an interim report.

Section 2 repealed June 7, 1988

REGISTRARS OF VOTERS

Town Meeting October 7, 1882

Voted, that the registrars of voters be required to meet one day to make a list of electors and two days for the correction of the same.

SCHOOLS

General Assembly March 28, 1947

An Act Authorizing the Town of Canterbury to issue School Bonds

Section 1. The Town of Canterbury is authorized to issue serial bonds in an amount not to exceed $88,000 in the aggregate for the purpose of constructing any public school building project or to fund notes issued for such projects, the plans for which have been approved by the Connecticut Public School Building Commission under the provisions of Section 227H of the 1945 supplement to the General Statutes.

Section 2. Such bond shall be denominated "School Building Bond of the Town of Canterbury, Connecticut" shall be in serial form maturing in substantial equal installments, the first installment thereof to mature not Inter than two years from date of issue, and the last installment to mature not later than twenty years therefrom, and shall be authorized, issued and sold the Town as provided by law.

Section 3. The provisions of Section 99C of the 193 supplement to the General Statutes, as amended, and of any other General Statute or public or private act relating to municipal debt limitation shall not apply to bonds issued in conformity with the provisions of this Act, but all or that part of such bonds as shall then he outstanding shall be included in the computation of the death limitation for any future issue of bonded indebtedness by said town.

General Assembly June 22, 1927

Be it enacted by the Senate and House of Representatives in General Assembly convened:

The provisions of Chapter 115 of the Public Acts of 1925 and the provisions of Chapter 60 of the Public Acts of 1927 shall not apply to the sale of the school property in the 5th school district of the Town of Canterbury, known as the "Hyde School".

General Assembly April 14, 1881

Resolved,

That all of the land and estate of the Eighth School District of Canterbury, which is located within the limits of the Town of Scotland, is set to the Third School District of the Town of Sprague, and is made by this resolution a part of said Third School District of Sprague.

SELECTMEN

Town Meeting, April 16, 1940

Voted, the selectmen be directed to employ in road work all inhabitants of the Town of Canterbury having trucks available for such work and who signify to the selectmen their desire for such work and to apportion the work any equally among all applicants to the end that employment shall be given equally to all from date of said registration.

SOCIAL SECURITY

Town Meeting June 17, 1955

Voted, to participate in Social Security Program.

TAXES

Town Meeting March 9, 1939

Voted, that year’s taxes be paid in two installments in April and July.

TOWN MEETINGS

Town Meeting June 14, 1841

Rules for the direction of business in town meetings.

Rule 1. Town meetings shall be organized by the choice of a moderator who shall be elected viva voce, as the members pass around, unless otherwise ordered.

Rule 2. It shall be the duty of the moderator to preserve order and decorum and bring before the meeting such subjects as may be specified in the warning, observing the order in which subjects stand, unless otherwise directed by the meeting.

Rule 3. At such annual meeting, the selectmen shall first make report of their doings and the same may be disposed of as may be ordered.

Rule 4. In the choice of Town Officers, the following localities, numbers, and proceedings shall be observed, viz; There shall be five selectmen, one located in each quarter of the town and one for the town at large. Five grand jurors to be located in the same manner. Five or more Fence Viewers to be located in the same manner, two constables, one to be located in each society and the first constable to be located alternately in each society. Four collectors of town taxes, one of whom to be in each quarter of the town. The number of assessors and Board of Relief to be fixed at each meeting; and when five is the number then they shall be located as the Selectmen are located. The Selectmen and Town Clerk to be chosen viva voce, and all other officers may be chosen by nomination, unless specially directed otherwise at the time.

Rule 5. The moderator shall see that the oath is administered to all officers requiring an oath in open meeting, or so soon as may be.

Rule 6. No motion shall be entertained, unless in the opinion of the moderator, the subject thereof is fairly embraced in the Warning and the same must be seconded by another member of the meeting.

Rule 7. The moderator shall determine all questions of order, but any member may appeal to the meeting when the question shall be decided without debate, and the form of the question shall be as follows:

“Shall the opinion of the moderator stand as the judgment of the meeting?”

Rule 8. The Moderator may direct, and any member may require a motion to be reduced to writing.

Rule 9. No member shall have the right to speak more than twice on the same question, without liberty from the meeting.

Rule 10. Any member transgressing these rules may be called to order by the moderator, or by any member, and then the person speaking shall take his seat until the question or order is decided.

Rule 11. All questions put to the meeting may be decided by show of hands, and when doubted and a count is demanded, the Moderator shall cause all persons in the house to be seated Per-when those in the affirmative shall rise and be counted, and then the negative in like manner.

Rule 12. If in any case these shall be an equal vote, the moderator may cast the vote, unless he shall have previously voted, and in that case the vote or motion shall be lost.

Rule 13. On any question before the meeting any member may demand the "previous question" when all debate shall cease until the previous question is disposed of, and the form of the previous question shall be as follows: "Shall the main question be now put?" and if a majority vote therefore, then there shall be no further debate on the main question, and the main question shall then be put by the Moderator.

Rule 14. These rules shall be read at the opening of every annual Town Meeting, and shall govern the proceedings therein.

Town Meeting October 1, 1849

Additional Rule.

That the side slips on the right and left of the moderator be appropriated to the use of the aged and infirmed that such persons may have opportunity to pass to the place of voting without crowding or harm and the other members of the meeting to remain seated until the order of the moderator. When they shall proceed in the manner directed by the moderator whether voting by ballot or viva voce.

Town Meeting June 27, 1946

Voted, the current rules of the Connecticut House of Representatives, insofar as applicable be adopted as the rules governing this town meeting and subsequent meetings, to be in effect until and unless rescinded by a proper vote in town meeting assembled.

 

TOWN OFFICERS

Town Meeting, March 3, 1941

Voted, that at the annual town meeting next hereafter to be held and biennially thereafter, all town officers, except as otherwise provided by law, shall hold office for two (2) years from date of their election and until their successors shall be elected and qualified.

TOWN PROPERTY

Town Meeting October 15, 1953

Voted, that an inventory of town property be given each year.

TOWN REPORT

Town Meeting October 7, 1872

Voted, that it be the duty of the Selectmen and Town Treasurer of this town and they are hereby ordered to present to the annual Town Meeting of 1873 and in each subsequent Annual Meeting a printed report of the financial condition of this Town its debt during the year, its receipts and expenditures and uncollected accounts with school expenses and where paid together with highway tax of each highway district and amount not applied in repair of said highways in each district and all other pecuniary affairs of the Town supposed to be interesting to those who pay the taxes in this town and that a sufficient number of copies of said report be furnished as may be supposed to supply the legal voters that may require it. The printed accounts to be presented two weeks previous to the annual town meeting.

Town Meeting October 7, 1901

Voted, that unpaid taxes be printed in the TOWN REPORT.

TRAILERS

Be it ordained by the legal inhabitants of the Town of Canterbury at a meeting duly warned for the purposes hereinafter set forth that the following ordinance concerning the regulation of trailers is hereby adopted:

AN ORDINANCE CONCERNING THE REGULATION OF TRAILERS IN THE TOWN OF CANTERBURY

Section 1. The purpose of this ordinance is to insure the protection of the health, peace and welfare of the residents of the Town of Canterbury by establishing certain minimum requirements for trailers or mobile homes for dwelling purposes in said Town of Canterbury.

Section 2. Written application to the Board of Selectmen and a permit from said Board of Selectmen shall be required by any person, firm or corporation wishing to maintain, establish or park a trailer or mobile home used for dwelling purposes. The cost of such application and such permit shall be paid by the applicant for said permit. Said costs shall be determined by the Board of Selectmen, but in no case shall the costs exceed the sum of fifteen ($15.00) dollars

Section 3. No person, firm or corporation shall maintain or establish a trailer or mobile home within the limits of the Town of Canterbury without first obtaining a permit from the Board of Selectmen. The Board of Selectmen may issue a permit for the maintenance or establishment of a trailer or mobile home upon the following conditions:

(a) No trailer or mobile home shall be parked within fifty (50) feet from the traveled portion of the public highway;

(b) Each trailer or Mobil home shall be maintained, established, or parked on a lot or area which shall contain no less than twenty-two thousand five hundred (22,500) sq. feet;

(c) No trailer or mobile home shall be maintained, established or parked on any lot or area having a frontage of less than one hundred (100) feet on any accepted town road or highway, or on any State Highway;

(d) No trailer or mobile home shall be maintained, established, or parked within twenty-five (25) feet of the interior boundary of any lot or area, upon which such trailer or mobile home is parked

(e) Adequate water supply, drainage, and sewer disposal system must meet the specifications and be satisfactory to the local health officer and also be in compliance with the State Sanitary Code.

Section 4. All inspections applicable to this ordinance shall be at the expense of the applicant.


Section 5. The Board of Selectmen may revoke the permit upon sixty (60) days written notice to the permittee for any violation of this ordinance or state regulations;

Section 6. The violation of this ordinance shall be subject to a fine of $5.00 for each day not in compliance with this ordinance;

Section 7. This ordinance shall take effect fifteen (15) days after publication in accordance with Public Statutes:

RESOLVED: That the Board of Selectmen are hereby directed to take a census of all trailers now in town, to issue to the residents of those trailers, non-transferable certificates of occupancy, and to post in public places, lists of trailers receiving such certificates; to request from the Board of Finance sufficient funds to cover cost of above, these acts to be completed within ten (10) days after the ordinance regarding trailers takes effect.

 

ADOPTED by an affirmative vote at a meeting duly held on September 9, 1958 at the Dr. Helen Baldwin School in Canterbury, Connecticut.

Repealed 4/14/64

 

TRAMPS

Town Meeting April 5, 1875

Voted, to let out the keeping of tramps to the lowest bidder.

PROVIS1ONS OF THE STATE SANITARY CODE RELATED TO THE ESTABLISHMENT OF TRAILERS IN THE TOWN OF CANTERBURY

SEWERS: Sewers shall not be less than 4-inches in diameter, and preferably 5 or 6 inches. The grade shall be at least 1/4 inch per foot for 4-inch sewers and not leas than 1/8 inch for larger sizes. Sewers shall be laid with tight joints to a septic tank in a straight line and on a uniform grade except where accessible manholes are provided at changes of direction or grade. Pipe for such sewers shall be made of cast iron, with leaded joints, to a point at least 8 feet beyond the foundation wall of any cellar or basement. Portions of house sewers within 75 feet of a well shall be of cast iron, with leaded joints, but no portion of such sever, however constructed shall be within 25 feet of a well. No sewer shall be located within 25 feet of a cellar drain or ground water drain unless pipe is of cast iron with leads joints.

WATER PIPES IN TRENCHES: Wherever possible, water service and sewer pipes shall be 1aid in separate trenches. Where laid in the same trench the water pipe shall be laid on a bench at least 12 inches above the top of the sewer pipe at least 12 inches from the side of the trench.

LOCATION OF THE SYSTEM: No septic tank, tile field or seepage bed shall be constructed within 75 feet of a well or spring or within 50 feet of a human habitation other than the building served nor shall be constructed within 50 feet of a tributary of a water supply reservoir or any ground or surface drain tributary to such reservoir. No system shall be laid out in areas where high ground water, surface flooding or rocky ledge will interfere with its operation.

SEPTIC TANKS: Septic tanks shall be provided for sewage disposal. No tank shall be located within 10 feet of a trailer. No septic tank shall have a liquid capacity of less than 500 gallons below the outlet invert. For a household using a garbage grinder connected to the sewer the septic tank capacity shall be increased by 50%. Minimum capacities for two families is 700 gallons.

DISPOSAL OF EFFLUENT: Disposal of septic tank effluent may be by means of tile or other accepted distributing pipe laid in screened gravel or broken stone, or by means of leaching cesspools, at a distance of at least 15 feet from any dwelling or building on the same property. No part of any leaching system shall be within 25 feet of a storm drain, cellar drain, or subsoil drain which discharges into a stream, culvert, or onto the surface of the ground. No such leaching system may be within 15 feet of the top of an embankment where seepage may escape from the embankment.

ALL WORK SHALL BE LEFT EXPOSED UNTIL AFTER INSPECTION BY THE HEALTH OFFICER

ORDINANCE COWNCERNING THE ACCEPTANCE OF ROADS BY THE TOWN AND THE SPECIFICATIONS THEREOF

Special Town Meeting May 23rd 1961

BE IT ORDAINED that the following be adopted as an Ordinance of the Town of Canterbury. This ordinance shall become effective fifteen (15) days after publication in a newspaper having a circulation in the town and shall apply to all roads which are to be submitted to the Town for acceptance. The word “road" in this ORDINANCE shall mean roads, streets or highways.

(1) Before any road shall be submitted for consideration by the Board of Selectmen a copy of a map showing said road shall be submitted to said Selectmen. Said map shall have been prepared by a competent engineer or surveyor licensed in the State of Connecticut and shall be certified as to its accuracy and conformity with existing regulations by land surveyor registered in the State of Connecticut. Upon written approval by the Board of Selectmen and acceptance of said road by the Town of Canterbury, the original of said map indicating acceptance by the Town of Canterbury shall be filed at the office of the Town Clerk, at the applicant’s expense, for inclusion in the highway system of said town.

(2) Tine construction of all roads to be offered for Town acceptance shall be subject to inspection at all times by the Board of Selectmen.

(3) The width of the right-of-way shall be a minimum of fifty (50) feet between property lines with corners rounded by curves of at least a twenty-five (25) foot radius. The traveled path of all roads shall be at least twenty (20) feet. The traveled path shall be approximately centered in the right of way. There shall be a two (2) foot shoulder on either side of the traveled path.

(4) The traveled portion of the rood shall consist of the following:

(a) An approved sub-base, depth dependent upon bringing up to grade.

(b) A base course which shall consist of a minimum of eight (8) inches of approved bank-run gravel after compaction.

(c) A surface course of approved gravel of not less than four (4) inches after compaction.

(5) All such roads shall be so graded that the crown of the road is approximately three (3) inches higher than the outer edges of the road, and grades shall be maintained at less than twelve per cent (12%).

(6) All tree stumps shall be removed at least four (4) feet back from the shoulder of the road.

(7) Cross culverts shall be of not less than fifteen (15) inches of reinforced concrete pipe which shall have been approved by the Selectmen before installation, and shall have headwalls constructed of stone, poured concrete or eight (8) inch solid concrete block, and the headwall shall be at least twelve (12) inches above the road level and set back off the traveled portion at least four (4) feet. The location of cross culverts shall be approved by the Selectmen.

(8) Catch basins shall, be made of eight (8) inch solid cement blocks, poured concrete or cement rubble masonry to a depth of twelve (12) inches below the tile and not less than thirty six (36) inches inside measurement, with a poured concrete foundation and floor. The type of grating and other drainage structures used shall conform to the State of Connecticut Highway Department’s specifications for Town Aid Rods prevailing at the time of construction of the highway to be accepted.

(9) Necessary drainage easements to the Town of Canterbury from such culvert or water run-off, minimum of ten (10) feet in width, shall be obtained from the adjoining landowners, at applicant's expense, which easements shall le recorded in the land records of the Town of Canterbury.

(10) Water from adjoining, driveways or intersecting roads shall be so diverted as not to enter upon the traveled portion of the road. Where the contour of the adjoining land is such that, in the opinion of the Selectmen it may create a drainage problem, then the Selectmen may order the installation of necessary catch basins, culverts and retaining walls. All intersecting road layouts shall have corner cutoffs, minimum radius to be fifteen (15) feet.

(11) There shall be a cul-de-sac at the end of any dead-end road with radius of not less than forty feet (40).

(12) No street or road less than five hundred (500) feet in length shall be considered for acceptance unless said road is a continuance of an improved road in the general alignment therewith.

(13) Fences on the taking line are to be erected and maintained by the adjourning property owner, if fences are found to be necessary by the Board of Selectmen.

(14) In the event that the Board of Selectmen shall disapprove any such road at any stage in its construction, said Selectmen shall notify the applicant in writing of said disapproval within ten (10) days, stating clearly the reasons for such disapproval.

(15) Upon the written approval of the Board of Selectmen, the question of the final acceptance of said road shall be presented to a Town Meeting, duly warned, and upon acceptance by said Town Meeting, the road shall be conveyed to the Town of Canterbury by warranty deed containing the usual full covenants, which deed shall be filed in the land records of the Town of Canterbury with the map as hereinbefore provided, at the applicant’s expense.

(16) In the event of unusual conditions, these specifications may be varied by the unanimous vote of the Board: of Selectmen with the approval of the District State Highway Engineer or an accredited civil engineer.

ORDINANCE CONCERNING DISPOSAL OF GARBAGE, OFFAL, RUBBISH OR WASTE MATERIAL IN THE TOWN OF CANTERBURY

BE IT ORDAINED that the following be adopted as an Ordinance of the Town of Canterbury. This ordinance shall become effective fifteen (15) days after publication in a newspaper having a circulation in the Town.

(1) Only Town residents, property owners or their agents are allowed in the Town Dump area. All others are trespassing.

(2) No person, firm or corporation shall dispose of dead carcasses of poultry and animals or the meat or entrails thereof.

(3) The disposal of garbage, rubbish or waste material will be done as directed by signs prominently displayed at the Town Dump.

(4) Any person, firm or corporation who violates any provision of this ordinance shall be subject to a fine of $25.00 for each violation.

Adopted at Special Town Meeting - May 27, 1961.

ORDINANCE REGARDING SEWER DISPOSAL FACILITIES

Be it ordained by the legal voters of the Town of Canterbury in lawful town meeting duly assembled:

Section 1. No dwelling, apartment, building, house, hotel or other structure intended for human occupancy or required by law to be provided with sanitary sewer facilities shall hereafter be constructed, erected, moved or reconstructed in the Town of Canterbury unless the sewerage disposal facilities are approved by the town health officer or his duly authorized agent.

Section 2. Upon application being made to the health officer or his said agent for such approval he shall cause the same to be inspected and if he finds that such facility, including the size of the tanks and the size of the leaching field, meets the requirements of the then current Public Health Code of the State of Connecticut and will not endanger the public health, he shall approve the same; and he shall be entitled to a fee of $10.00 for such inspection to be paid to him either by the owner or builder of any such structure. The approval of the health officer or his said agent shall be given in the form of a certificate of occupancy in such form as he shall determine.

Section 3. No such structure hereafter constructed, moved, erected or reconstructed shall be occupied for human habitation until such Certificate of Occupancy has been obtained.

Section 4. The owner of any property on which such a structure is constructed, erected, moved, reconstructed or occupied in violation of this ordinance shall be fined not more than $100 nor less than $50 for each such violation.

Section 5. In addition to any other criminal or civil remedies for the violation of this ordinance the Selectmen of the Town of Canterbury are authorized to institute suit in any court of competent jurisdiction to enjoin the construction or occupation of any such structure in violation of this ordinance.

Section 6. This ordinance shall be effective fifteen (15) days after publication in accordance with law.

Adopted by affirmative vote at a meeting duly held on January 28, 1964 at Dr. Helen Baldwin School in Canterbury.

0RDINANCE PERTAINING TO REGULATION OF TRAILERS

1. No automobile, automobile trailer, mobile home, truck, truck trailer, trolley car, railroad car or other vehicle with or without wheels, designed, altered, or used for human occupancy as a home or camp, all of which terms shall hereinafter he designated by the word “vehicle,” shall be parked and occupied for residence purposes off the public highways in the Town for a period exceeding five (5) days without an occupancy permit issued by the Town Clerk.

2. No such permit shall be issued by the Town Clerk until written approval of the Town Health Officer certifying compliance with State Sanitary regulations, and that the presence of such- vehicle will not imperil the public health, has been filed with the Town Clerk in respect, to the proposed site to be occupied by such vehicle and in respect to the sanitary facilities of such vehicle.

3. No such occupancy permit shall be issued for an initial period exceeding thirty (30) days and such permit shall be renewable for a period not exceeding an additional thirty (30) days. The permit shall state the location of the vehicle and the maximum number of persons occupying such vehicle.

4, No such vehicle shall be parked and occupied within fifty (50) feet of a public highway unless concealed from view from such highway.

5. The Town Clerk shall issue such permit if the provisions of this Ordinance are complied with.

6. Any person who violates the provisions of this ordinance shall be fined not more than $100.00. Each day when such a vehicle is parked in violation of this ordinance shall constitute a separate offense.

7. This ordinance shall not apply to any vehicle parked and occupied for residence purposes off the public highway in the Town on the effective date of this ordinance, nor to the replacement of such vehicle on the same lot.

8. The ordinance entitled “AN ORDINANCE CONCERNING THE REGULATION OF TRAILERS IN THE TOWN OF CANTERBURY” adopted on 9 September 1958, is hereby revoked; provided, however, that if a right to establish, maintain or park a vehicle was acquired by a person under the provisions of said ordinance then the terms, conditions and requirements thereof shall continue to apply to such vehicle.

9. This ordinance shall take effect fifteen (15) days after publication in accordance with Public Statutes.

Published April 17, 1964

ORDINANCE CONCERNING THE NUMBER OF JUSTICES OF THE PEACE

1. Pursuant to Section 9 - 183 of the General Statutes of 1958, the number of Justices of the Peace in the Town of Canterbury is hereby set at ten (10).

2. This ordinance shall take effect fifteen (15) days after publication in accordance with the General Statutes.

TOWN MEETING APRIL 14, 1964

Amended at Town Meeting 5/17/96

AN ORDINANCE CONCERNING REFUSE DISP0SAL AND TRANSPORTATION

WHEREAS, there are or may be certain dumping grounds in the Town of Canterbury used for the disposal of industrial, domestic, animal and other waste material; and

WHEREAS, such operations and activities are of concern to the citizens and property owners in the Town and may adversely affect the health, welfare and safety of said persons; and

WHEREAS, the General Statutes of Connecticut do not provide complete regulation of all such operations; and

WHEREAS, Section 7-148 and Section 19-80 of the Connecticut General Statutes, 1958 Revision, as amended, specifically authorize Towns, by ordinance to regulate such activities; and

WHEREAS, it is the desire and intention of the Town of Canterbury to provide such regulation in all areas not specifically otherwise regulated by the State of Connecticut;

NOW THEREFORE, BE IT ORDAINED BY THE ELECTORS AND those entitled to vote in Town Meeting of the Town of Canterbury as follows:

Section 1. Definitions.

(a) Garbage means the animal and vegetable waste resulting from the processing, handling, preparation, cooking and serving of foods.

(b) Rubbish means all refuse not included in "Garbage" as herein defined.

(c) Refuse means garbage, rubbish, old machinery, dead animals, building material waste, industrial waste, waste plastics or other unwholesome or waste substances.

(d) Person means a natural person, firm, partnership, association or corporation.

(e) Town means Town of Canterbury.

(f) Selectman means First Selectman of the Town of Canterbury.

(g) Dump means any property used or intended for use as a depository for refuse either privately operated or operated by the Town.

Section 2. Exceptions

(a) This ordinance shall not apply to any operation for which a permit is granted or which is otherwise regulated by Section 17-161 or Section 7-l62 of the Connecticut General Statutes, 1958 Revision, or any other General Statute of this State or any lawful regulation promulgated thereunder

Section 3. Transportation.

(a) No -person shall transport refuse within the Town except in a watertight box, watertight vehicle, watertight body or other watertight container, closely covered with suitable covers, adequate to prevent leakage or dripping or material from being blown from the vehicle transporting the same. Such vehicles or other containers shall be kept closed at all times, except during the period of filling, emptying or cleaning.

(b) If any refuse shall fall or leak from a vehicle in the Town either during collection or transportation, such refuse stall immediately be gathered and replaced in the vehicle and the place rendered clean.

(c) All equipment used in the collection or transportation of refuse on the highways within the Town shall be subject to inspection at any reasonable time by the Town Health Officer or this agent.

Section 3. Transportation.

(a) No -person shall transport refuse within the Town except in a watertight box, watertight vehicle, watertight body or other watertight container, closely covered with suitable covers, adequate to prevent leakage or dripping or material from being blown from the vehicle transporting the same. Such vehicles or other containers shall be kept closed at all times, except during the period of filling, emptying or cleaning.

(b) If any refuse shall fall or leak from a vehicle in the Town either during collection or transportation, such refuse stall immediately be gathered and replaced in the vehicle and the place rendered clean.

(c) All equipment used in the collection or transportation of refuse on the highways within the Town shall be subject to inspection at any reasonable time by the Town Health Officer or this agent.

(d) The transportation of refuse on public highways within the Town on Sundays and Holidays is prohibited.

Section 4, Disposal of Refuse.

(a.) No person resident or whose place of business is in a Town other than Canterbury shall be permitted to dump refuse in any dump operated by the Town.

(b) The Selectmen may issue regulations relating to the hours of operation of the Town operated dump.

(c) No burning shall be permitted in any dump, public or private, located within the town.

(d) Any fire started in any such dump shall he immediately extinguished by the owner or operator of said dump or his agent.

(e) There shall be no burning of garbage on any property in the Town.

(f) The owner or operator of any privately owned dump within the Town shall at all times maintain fire extinguishing equipment on the dump site sufficient to extinguish any fire started in violation of this ordinance and an attendant on duty at al1 times as such dump is open who is qualified and capable to operate said equipment.

Section 5. Dump Site.

(a) All dump sites presently in operation at the effective date of this ordinance with all permits required by law shall be allowed to continue to operate as long as the same complies with the requirements of the Town Health Officer with respect to health standards and all other provisions of law.

(b) No owner of property or other person in possession shall hereafter establish or maintain any new site for the dumping, storage or disposal of refuse in the Town.

(c) It shall be unlawful for any person to hereafter deposit or dump refuse in or at any dumpsite established or maintained in violation of this ordinance.

(d) All dumps in the Town shall be maintained in a safe and sanitary manner in accordance with rules of the Town Health Officer so that the health and safety of the inhabitants of the Town are protected and in accordance with the Public Health Code of the State of Connecticut.

(e) The dumping of any refuse at any location within the Town other than a recognized dump which complies with this ordinance is prohibited

Section 6. Enforcement; Penalty.

(a) The provisions of this ordinance may be enforced by the Town Health Officer, the Selectmen, any Constable or the Town or any other Police Officer.

(b) In addition to the other penalties herein provided or otherwise provided by law, any person authorized to enforce this ordinance may issue orders relating to the closing of dumps found to be operating in violation of this ordinance.

(c) The owner of land in the Town in addition to the occupant shall be responsible for the compliance with this ordinance and both such owner and operator shall be considered to be in violation of this ordinance and subject to penalty if a violation occurs in connection with such land.

(d) The owner of any refuse dumped or transported in violation of the Ordinance shall, in addition to the person actually dumping or transporting the same, be considered to be violating this ordinance and subject to penalty therefore.

(e) Any person who violates any provision of this ordinance shall be fined not more than one hundred ($100.00) dollars for each offense.

(f) Each day of maintaining a dump in violation of this ordinance shall be considered a separate offense.

Section 7. Miscellaneous

(a) This ordinance and the various parts, paragraphs, sections and subdivisions are hereby declared to be severable. If any part, sentence, section or subsection of this ordinance shall be declared invalid by any Court cf competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

(b) This ordinance shall take effect fifteen (15) days after publication in accordance with law.

Published 11/21/65

ORDINANCE ADOPTING REGIONAL PLANNING

Section I. Adoption of Ordinance

Pursuant to the provisions of Chapter 127 of the 1958 Revision of the General Statutes as amended, the Town of Canterbury hereby adopts the provisions of said Chapter and elects to Participate in the Regional Planning Agency now or henceforth existing under authority of said chapter in the Northeastern Connecticut Region as defined by the Connecticut Development Commission pursuant to the provisions of said chapter.

Section II.

The Town of Canterbury, having a population of 2,500 according to the federal census of 1960, shall have two representatives on the agency.

The Planning Commission of the Town of Canterbury shall appoint to the agency two electors of the Town of Canterbury. One appointee shall serve an initial term of one year and one appointee shall serve an initial term of two years. Thereafter, all appointees shall serve two-year terms.

Section III. Resignation of Member

Vacancies created by resignation or inability to serve shall be filled by the Planning Commission for the remainder of the unexpired term. Any representative who is absent from three consecutive regular meetings of the Regional Planning Agency and any intervening duly called special meetings thereof shall be considered to have resigned from said body except that the requirements of this section may be waived by the Planning Commission of the Town of Canterbury for good cause.

Section IV. Effective Date

This ordinance shall become effective fifteen (15') days after its publication in accordance with law.

Adopted at Town Meeting May 17, 1968

See ordinance entitled “An ordinance to Create a Regional Council of Governments”

AN ORDINANCE CONCERNING THE DATE OF COLLECTION OF TAXES

BE IT ORDAINED BY THE ELECTORS AND THOSE INTITLED TO VOTE AT A TOWN MEETING of the Town of Canterbury as follows:

1. All taxes in each fiscal year shall be due and payable in equal semi-annual installments on the first business day of July and January, except that any tax of less than Fifty and 00/100 ($50.00) dollars shall be due and payable in full on the first day of July. If any installment of such tax shall not be paid on or -before the first business day of the month next succeeding that in which it shall be due and payable, such installment and all succeeding installments shall immediately become delinquent and shall be considered as having become due and payable at the same time as the earliest installment of such tax to become delinquent and shall be subject to interest at the rate and in the manner provided for in the general statutes.

2. This ordinance shall apply to taxes payable in the fiscal year commencing 1 July, 1966, and to all taxes payable in subsequent fiscal years.

3. This ordinance is to take effect fifteen (15) days after publication in accordance with law.

Published 11/24/65

AN ORDINANCE CONCERNING MEMBERSHIP OF THE

BOARD FOR ADMISSION OF ELECTORS

BE IT ORDAINED by the electors and those entitled to vote at a Town Meeting of the Town of Canterbury as follows:

1. The Board for Admission of Electors of the Town of Canterbury shall consist of the Town Clerk and the Registrars of Voters

2. This ordinance shall take effect fifteen (15) days after publication in accordance with law.

Published 11/24/65

AN ORDINANCE CONCERNING THE ADOPTION OF PLANNING IN THE TOWN OF CANTERBURY, CREATING A PLANNING COMMISSION AND PROVIDING FOR ITS APPOINTMENT AND ELECTION

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting;

Section 1. The provisions of Chapter 126 (Municipal Planning Commission) of the. General• Statutes of the State of Connecticut, Revision of 1958, as amended are hereby adopted.

Section 2. The Planning Commission of the Town of Canterbury shall consist of five (5) members who shall be appointed by the Board of Selectmen for the term ending on the first Monday of October 1967.

Section 3. At the biennial Town election to be held on the first Monday of October 1967, one (1) member of the Planning Commission shall be elected for a term of Two (2) years, two members shall be elected for a term of four (4) years, and two members shall be elected for a term of six (6) years. Thereafter, as the tern of each member of the Planning Commission expires, the successors shall be elected at the Biennial election of the Town of Canterbury to serve for a term of six years.

Section 4. This ordinance shall take effect fifteen (15) days after publication in accordance with: the General Statutes.

Passed at Town Meeting March 10, 1967

ORDINANICE CONCERNING TWO SHIFTS OF ELECTION OFFICIALS

Resolved: That in each succeeding election in the Town of Canterbury, there may be two shifts of election officials for each polling place, with the exception of the moderator, pursuant to Section 9-248a of the Connecticut General Statutes.

Adopted by affirmative vote at a town meeting held on May 15, 1970 at Dr. Helen Baldwin School in Canterbury.

ORDINANCE ESTABLISHING SHORTER HOURS FOR BOARD OF ADMISSIONS

Resolved: That the Board of Admissions shall meet before regular elections between the hours of 9:00 and 21:00 noon on the date prescribed by Section 9-17 of the General Statutes.

Passed at town meeting held June 23, 1970 in Canterbury.

ORDINANCE PERTAINING TO REQUIREMENTS UPON INSTALLATION OF DRIVEWAYS LEADING FROM TOWN ROADS

Resolved: That any person installing a driveway or entranceway to private property from any road maintained by the Town of Canterbury, which said driveway or entrance would otherwise obstruct the normal flow of water beside said road, shall make adequate provision for maintaining the said flow of water by installing under said driveway a pipe with an inside diameter of at least six inches.

Adopted at a town meeting held Tuesday, June 23, 1970 at Canterbury.

RESCINDED by An Ordinance Regulating Construction of Driveways Leading into Town Roads adopted at Town Meeting May 12, 1978

ORDINANCE ESTABLISHING FEES FOR BUILDING PERMITS

At a Special Town Meeting held on May 21, 1971 the following ordinance was adopted:

The fee for a building permit in the Town of Canterbury shall be computed as follows and shall be paid to the Town of Canterbury:

1. For the construction of residential buildings, the sum of $4.00 for each 100 square feet or fraction thereof on the main floor of each living unit, and the sum of $2.00 for each 100 square feet or fraction thereof on any other floor, plus the sum of $1.00 for each 100 square feet of a garage to be constructed with a residence.

2. For construction of school and educational buildings and buildings intended for public assembly, the sum of $4.00 for each 100 square feet or fraction thereof up to and including 20,000 square feet, plus the sum of $2.00 for each 100 square feet or fraction thereof in excess of 20,000 square feet.

3. For construction of business, mercantile, and industrial buildings, the sum of $4.00 for each 100 square feet or fraction thereof up to and including 10,000 square feet, plus the sum of $2.00 for each 100 square feet or fraction thereof in excess of 10,000 square feet.

4. For the construction of garages, barns, coops and other structures, not intended for human occupancy, the sum of $2.00 per 100 square feet, provided, however, that the minimum fee shall be $5.00.

5. For construction of signs and other miscellaneous structures and for alterations, repairs and remodeling, the cost of which will be less than $1,000.00 the sum of $5.00, and for all such work the cost of which will be $1,000.00 or more, the sum of $5.00 for ach $1,000.00 of cost or fraction thereof.

6. For the moving of any building, not intended for human residency from one location to another, the sum of $10.00.

7. For the moving of any building intended for human residency from one location to another, the sum of $50.00.

8. There shall be no permit fee for the construction or moving of any building not intended for human residency with less than 100 square feet.

9. For construction or movement of any building, the construction or movement of which shall be supervised by an architect or other qualified personnel whose inspection reports will be acceptable to building inspector, the sum of $25.00.

Published June 1, 1971.

REFERENDUM RE GROCERY STORE BEER PERMIT

Vote results: All liquor 343

Grocery beer 301 644

Nays 229

Referendum held November 2, 1971

NORTHEAST DISTRICT DEPARTMENT OF HEALTH

RESOLVED: That the Town of Canterbury agrees to join with any or all of the following towns: Putnam, Thompson, Killingly, Woodstock, Sterling, Eastford, Plainfield, Brooklyn, Pomfret, to form a District Department of Health, in accordance with Chapter 336 of the Connecticut General Statutes, provided that the total population of those towns joining said District shall be 40,000 or more.

To authorize the Selectmen to enter into the necessary agreement as provided under Chapter 336 of the General Statutes of the State of Connecticut as amended, concerning the proposed District Department of Health.

Adopted June 8, 1973

PLANNING AND ZONING

1. An ordinance adopting for the Town of Canterbury the provisions of Chapter 124 of Connecticut General Statutes relating to Zoning.

Section 1. The provisions of Chapter 124 (Zoning) of the General Statutes of the State of Connecticut, Revision of 1958, as amended, are hereby adopted.

Section 2. This ordinance shall take effect fifteen (15) days after publication in accordance with Section 7-157 of the General Statutes.

2. An ordinance designating the Planning Commission of Town of Canterbury as the Planning and Zoning Commission of the Town of Canterbury.

Section 1. The Planning Commission of the Town of Canterbury is designated, pursuant to Section 8-4a of Connecticut General Statutes, the Planning and Zoning Commission of the Town of Canterbury.

Section 2. The Planning Commission of the Town of Canterbury shall consist of nine (9) members who shall be appointed by the Board of Selectmen for the term ending on the first Tuesday of November, 1973.

Section 3. At the biennial Town election too be held on the first Tuesday of November, 1973, three (3) members of the Planning and Zoning Commission shall be elected for a term of two (2) years, three (3) members shall be elected for a term of four (4) years, and three members shall be elected for a term of six (6) years. Thereafter, as the term of each member of the Planning and Zoning Commission expires, the successor or successors shall be elected at the biennial election of the Town of Canterbury to serve for a term of six (6) years.

Section 4. This ordinance shall take effect fifteen (15) days after publication in accordance with Section 7-157 of the General Statutes.

3. An ordinance establishing the method of electing and appointing the Zoning Board of Appeals of the Town of Canterbury.

Section 1. The Zoning Board of Appeals of the Town of Canterbury shall consist of five (5) members and three (3) alternate members who shall be appointed by the Board of Selectmen for the term ending on the first Tuesday of November, 1973.

Section 2. At the biennial town elections to be held on the first Tuesday of November, 1973, one (1) regular member of the Zoning Board of Appeals shall be elected for a term of one (1) year, one (1) regular member shall be elected for a term of two (2) years, one (1) regular member shall be elected for a term of three (3) years, one (1) regular member shall be elected for a term of four (4) years, one (1) regular member shall be elected for a term of five (5) years. Also at such town election of 1973, one (1) alternate member shall be elected for a term of three (3) years, one (1) alternate member shall be elected for a term of four (4) years,

one (1) alternate member shall be elected for a term of five (5) years.

Thereafter as the term of each regular or alternate member of the Zoning Board of Appeals expires, the successor or successors shall be elected at the biennial election of the Town of Canterbury to serve for a term of five (5) years.

Passed by referendum July 5, 1973

Published July 9, 1973

AMMMENDMENT TO THE ZONING ORDINANCE

Section 2. At the biennial town election to be held on the first Tuesday of November, 1973, one (1) regular member of the Zoning Board of Appeals shall be elected for two (2) years, two (2) regular members shall be elected for a term of four (4) years, and two (2) regular members shall be elected for a term of six (6) years.

Passed at Town Meeting July 20, 1973

Published July 24, 1973 Also at such town election of 1973, one (1) alternate member shall be elected for a term of two (2) years, one (1) alternate member shall be elected for a term of four (4) years, and one (1) alternate member shall be elected for a term of six (6) years.

Thereafter as the term of each regular or alternate member of the Zoning Board of Appeals expires, the successor or successors shall be elected at the biennial election of the Town of Canterbury to serve for a term of six (6) years.

NON - LISTING OF REAL ESTATE AND SEPARATE LISTING OF MOTOR VEHICLES

1. To adopt a resolution adopting the provisions of Section 12-41 (b), General Statutes of Connecticut, Revision of 1958, concerning the elimination of annual listing of motor vehicles which are registered in the office of the State Motor Vehicle Commissioner by persons liable to give in a list and pay taxes to the Town.

2. To adopt the provisions of Section 12-41, General Statutes of Connecticut, Revision of 1958, concerning elimination of annual listing of real estate by persons liable to give in a list and pay taxes to the town, and to approve the request of Board of Assessors to State Tax Commissioner, if and when made, to compile the abstract of real estate from data contained on owner’s cards, all subject to approval by State Tax Commissioner.

3. To authorize the Assessors of Town of Canterbury, subject to approval of the State Tax Commissioner, to compile the abstract of real estate from data contained on the owner’s cards.

Adopted September 28, 1973

Approved by State Tax Department October 12, 1973

AN ORDINANCE ESTABLISHING AN INLAND-WETLANDS COMMISSION FOR THE TOWN OF CANTERBURY

Section 1. The Inland-Wetlands Commission of the Town of Canterbury shall consist of seven (7) members who shall be appointed by the Board Selectmen of Town of Canterbury.

Section 2. The appointing authority shall initially appoint three (3) members of the Inland Wetlands Commission for a term expiring the first Tuesday of November, 1976; two (2) members for terms expiring the first Tuesday of November, 1975; and two (2) members for terms expiring the first Tuesday of November 1974. Thereafter, as the term of each member expires, the successor shall be appointed for a term of three (3) years.

Section3. The Board of Selectmen shall fill any vacancy occurring in any term before its expiration.

Section4. The Inland-Wetlands Commission shall exercise all such authority conferred by Pubic Act 155 of the 1972 Connecticut General Assembly, as amended; and shall adopt its own regulations consistent with the enabling legislation.

This ordinance shall take effect, fifteen (15) days after publication in accordance with law.

Adopted November 30, 1973

Published December 13, 1973

Amended at Town Meeting November 30, 1992

Amended at Town Meeting February 26, 1998

PARTY AFFILIATION ON REGISTRY LIST

Town of Canterbury voted to designate the party affiliation on the Registry List, and eliminate the two party list.

Adopted November 30, 1973

AMENDMENT to the Ordinance Designating the Planning Commission of Town of Canterbury as the Planning and Zoning Commission of the Town of Canterbury by adding the following thereto as Section 3 (a):

3(a). Any vacancy in said Planning and Zoning Commission shall be filled for the un-expired portion of the term by the Board of Selectmen of Town of Canterbury.

AMENDMENT to the Ordinance Establishing the Method of Appointing the Zoning Board of Appeals of the Town of Canterbury by adding the following thereto as Section 3:

Section 3. Any vacancy in said Zoning Board of Appeals shall be filled for the un-expired portion of the term by the Board of Selectmen of Town of Canterbury in accordance with authority contained in Section 8-5 of Connecticut General Statutes.

Passed at Town Meeting, February 24, 1975

Published February 27, 1975

At a Town Meeting held on Tuesday, June 24, 1957, the following ordinance was approved by Town vote:

ORDINANCE GOVERNING ACCEPTANCE AS PUBLIC PARK OF KINNE PRESERVE AND ESTABLISHING A PARK COMMISSION OF TOWN OF CANTERBURY

WHEREAS Arthur L. Kinne and Dorothy R. Kinne have generously offered to convey to Town of Canterbury for purposes of a public park and recreation area a tract of 28.2 acres lying easterly of Corey Road, Canterbury, as shown on a plan entitled "Bicentennial Park, Property Donated by Arthur L. Kinne to Town of Canterbury, Corey Road, Scale 1" = 100’, dated January, 1975, prepared by Donald L. Ayrton, L.S. 6623, Canterbury, Connecticut",

WHEREAS Section 7-129 of Connecticut General Statutes provides that any town may “take and hold, in trust or otherwise, any grant, gift, bequest or devise made for the purpose of laying out, maintaining or improving any park or parks therein, and may make such ordinances necessary for executing any such trust, or for receiving the benefit of such grant, gift, bequest or devise”;

WHEREAS Town of Canterbury wishes to accept the conveyance of said park site from the Kinnes and to establish by ordinance for the management, supervision and operation thereof:

NOW THEREFORE, be it ordained:

1. There is hereby established a park commission to be designated Kinne Preserve Commission.

2. The Commission shall initially be composed of five members, together with First Selectman of Town of Canterbury as an ex officio member.

The original membership of such Commission shall be Arthur L. Kinne, as a life member; two members to serve until January 1, 1977; and two members to serve until January 1, 1978

Thereafter appointments shall be for two-year terms.

The Commission may appoint persons to fill un-expired terms.

If the life member elects to become inactive the vacancy created thereby shall be filled until the succeeding January first, and thereafter such vacancy shall be filled by a regular member serving a two-year term.

3. The members of the Commission except, initially, the life member), shall be appointed by the Board of Selectmen, Town of Canterbury. No more than a bare majority of the members (aside from the ex officio member) shall be enrolled in one political party.

4. The Commission shall have the power to provide and issue regulations governing the -management of the Preserve with a view to the maintenance thereof in as natural a setting as possible for the enjoyment and education of the users thereof. The Commission shall have authority to ban the sale and use of alcoholic beverages within such reserve.

5. The Commission shall be authorized to receive appropriations for its operation as provided in Section 7-148 of Connecticut General Statutes.

6. The Commission shall be authorized to accept gifts for its purposes and, where such gifts are of the use of income, to invest and reinvest such gifts, and to account therefore.

Passed at Town Meeting June 24, 1975

Published July 8, 1975

AN ORDINANCE ADOPTING FOR THE TOWN OF CANTERBURY THE PROVISIONS OF SECTIONS 7-170 TO 7-186, INCLUSIVE, OF CONNECTICUT GENERAL STATUTES, RELATING TO AUTHORITY TO CONDUCT BAZAARS AND RAFFLES IN ACCORDANCE WITH STATE LAW

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

SECTION 1. The provisions of Sections 7-170 to 7-186 as amended, of Connecticut General Statutes, relating to the conduct of bazaars and raffles in accordance with the operative statutes and regulations of the State of Connecticut, are hereby adopted for Town of Canterbury pursuant to the authority stated in Section 7-171 of Connecticut Statutes, as amended.

SECTION 2. This ordinance shall take effect fifteen (15) days after publication in accordance with Section 7-157 of the General Statutes.

Passed at Town Meeting January 2, 1976

Published January 9, 1976

Certified copy sent April 20, 1976 to State Police Headquarters,

100 Washington Street, Hartford, Conn.

AN ORDINANCE ESTABLISHING A RECREATION COMMISSION FOR THE TOWN OF CANTERBURY

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

SECTION 1. There is hereby established, pursuant to the authority contained in Section 7-148 of Connecticut General Statutes, a recreation commission for the Town of Canterbury to be designated Town of Canterbury Recreation Commission.

SECTION 2. The Town of Canterbury Recreation Commission shall be composed of seven members, together with First Selectman of Town of Canterbury as in ex-officio member.

Of those originally appointed, three members shall serve until January 1, 1977; two members shall serve until January 1, 1978; and two members shall serve until January 1, 1979. Thereafter appointments shall be for two-year terms.

SECTION 3. The members of the Commission shall be appointed by Board of Selectmen, Town of Canterbury. No more than a bare majority of the members (aside from the ex-officio member) shall be enrolled in one particular party.

The Board of Selectmen may appoint persons to fill un-expired terms.

SECTION 4. The Town of Canterbury Recreation Commission shall have the authority to establish and maintain all public playgrounds, recreation places and recreation facilities (exclusive of Kinne Preserve) of the Town of Canterbury and to establish regulations covering the same.

SECTION 5. The Commission shall be authorized to receive appropriations for its operation as provided in Section 7-148 of the Connecticut General Statutes.

SECTION 6. The Commission shall be authorized to accept gifts for its purposes. Where such gifts are of the use of income, such gifts shall be maintained in appropriately identified accounts by the town treasurer, to invest and reinvest such gifts and to make the income therefrom available for the purpose of the Commission; and the Commission shall account therefore.

Passed at Town Meeting January 2, 1976

Published January 9, 1976

AN ORDINANCE DETERMINING THE PAYMENT OF ANY PROPERTY TAX IN AN AMOUNT NOT IN EXCESS OF FIFTY DOLLARS

 

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

SECTION 1. Any property tax due to Town of Canterbury in an amount not in excess of fifty dollars shall be due and payable in a single payment, pursuant to authority conferred by Section 12-144 of the General Statutes.

SECTION 2. This ordinance shall take effect fifteen (15) days after publication in accordance with Section 7-157 of the General Statutes and shall be operative in respect to taxes levied on assessment dates commencing with October 1, 1975, due July, 1976 and thereafter.

Passed at Town Meeting January 2, 1976

Published January 9, 1976

RESOLUTION INDICATING ADOPTION OF BUILDING PERMIT SYSTEM BY TOWN OF CANTERBURY, CONNECTICUT, AND THE REVIEW PROCESS THEREOF

WHEREAS, Town of Canterbury, Connecticut, has adopted and is enforcing the State of Connecticut Building Code and has duly adopted the provision of Chanter 124 of Connecticut General Statutes relating to zoning, and has adopted zoning regulations pursuant thereto; and has adopted the provisions of the statutes of the State of Connecticut with respect to Inland Wetland regulations; and

WHEREAS, the State of Connecticut Building Code prohibits any person, firm or corporation from erecting, constructing, enlarging, altering, repairing, improving, moving or demolishing ant building or structure without first obtaining a separate building permit for each building or structure from the building inspector of Town of Canterbury; and

WHEREAS, the Building Inspector, Town of Canterbury must examine all plans and specifications for the proposed construction when application is made to him for a building permit; and

WHEREAS Planning and Zoning Commission of Town of Canterbury must approve all plans for subdivision in said Town of Canterbury; and

WHEREAS, Inland-Wetland Commission of Town of Canterbury must approve all plans with respect to areas within the area of Inland-Wetland regulations;

NOW, THEREFORE, BE IT RESOLVED by the Town of Canterbury, acting herein by its Board of Selectmen, as follows:

1. That the Building Inspector, Town of Canterbury, shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must (i) be designated (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure; (ii) use construction materials and utility equipment that are resistant to flood damage; and (iii) use construction methods and practices that will minimize flood damage;

2. That the Planning and Zoning Commission, Town of Canterbury, shall review subdivision proposals and other proposed new developments to assure that (i) all such proposals are consistent with the need to minimize flood damage; (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage; and (iii) adequate drainage is provided so as to reduce exposure to flood hazards; and

3. That the Inland-Wetland Commission, Town of Canterbury shall require new or replacement water supply systems and/or sanitary sewer systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

Adopted at Town Meeting May 24, 1976

Pub1ished May 27, 1976

AN AMENDMENT TO SECTION 4 OF THE ORDINANCE ESTABLISHING A RECREATION COMMISSION FOR THE TOWN OF CANTERBURY

SECTION 4. The Town of Canterbury Recreation Commission shall have the authority to establish, maintain and supervise all public playgrounds, recreation places and recreation facilities (exclusive of Kinne Preserve) of the Town of Canterbury and to establish regulations covering the same.

(The underlined words are an addition to existing Section 4 thereof; the ordinance would otherwise remain the same.)

Adopted at Town Meeting May 20, 1977

Published May 27, 1977

AN ORDINANCE INSTITUTING FLOOD PLAIN MANAGEMENT FOR DESIGNATED FLOOD-PRONE AREAS TOWN OF CANTERBURY, CONNECTICUT

WHEREAS, the Town of Canterbury is participating in the National Flood Insurance Program, a program which has authorized the Town of Canterbury to adopt and administer flood plain management regulations for the flood-prone areas within its jurisdiction, and

WHEREAS, the Federal Insurance Administrator has designated areas of special flood hazards (A zones) by the publication of the Canterbury Flood Hazard Boundary Map (FHBM), which is on file in the office of the Town Clerk, and may update and revise such map, and

WHEREAS, the National Flood Insurance Program Regulation have been updated and revised, and

WHEREAS, this ordinance son conforms to the eligibility requirements of the Program's final regulations as published in the Federal Register, Vol. 41, No. 207, October 25, 1976,

NOW, THEREFORE, be it ordained and enacted by the Town of Canterbury that the following regulations are adopted and shall be administered:

The Town of Canterbury shall within the flood-prone areas:

1. Require permits for all proposed development, and building permits for all proposed construction including the placement of mobile homes, within Zone A on the Canterbury FHBM; and

2. Prior to the issuance of a building permit, require the Town Building Inspector to review proposed development to -assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act, Amendments of 1972; and

3. Require the Town Building Inspector to review all building permit applications and mobile home permit applications (if any), to determine if proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area all new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall (i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure, (ii) be constructed with materials and utility equipment resistant to flood damage, and (iii) be constructed by methods and practices that minimize flood damage; and

4. Require written assurance from the Northeast District Department of Health and/or Sewer Authority (until such time as this provision has been adopted by such agencies) that new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and

discharges from the systems into flood waters, and require on-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding; and

5. For the purpose of the determination of applicable flood insurance risk premium rates within Zone A on the Canterbury FHBM, require the Town Building Inspector to (i) obtain the elevation (in relation to mean sea level) of all new or substantially improved structures, and whether or not such structures contain a basement and (ii) obtain, if the structure has been flood-proofed, the elevation (in relation to mean sea level) to which the structure was flood-proofed, and (iii) maintain a record of all such information; and

6. Prior to the issuance of a building permit, require the Town Building Inspector to require all mobile homes placed within Zone A on the FHBM be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that (i) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system he capable of carrying a force of 4,800 pounds, and (iv) any additions to the mobile home be similarly anchored; and

7 Require that an evacuation plan indicating alternate vehicular access and escape routes be filed with appropriate Disaster Preparedness Authorities for mobile home parks and mobile home subdivisions located within Zone A of the FHBM.

8. Should any section or provision of this ordinance be declared invalid or unconstitutional by the courts, the remainder of the ordinance shall continue to be applied and shall not be considered invalid as a whole.

9. Any reference herein to mobile homes shall not affect the provisions of any existing or future ordinance or regulations of Town of Canterbury limiting the permits for maintenance of mobile homes and trailers in Canterbury.

10. This ordinance shall take effect fifteen (15) days after publication in accordance with Section 7-157 of the General Statutes.

Adopted at Town Meeting September 30, 1977

Published December 23, 1977

Amended (replaced) February 26, 1998

AN ORDINANCE CREATING A COMMITTEE ON THE NEEDS

OF THE AGING FOR TOWN OF CANTERBURY

Section 1. There is hereby established, pursuant to the authority contained in Section 7-127a of Connecticut General Statutes, a Committee on the Needs of the Aging for Town of Canterbury, to be designated Town of Canterbury Committee on the Needs of the Aging.

Section 2. The Town of Canterbury Committee on the Needs of the Aging shall be composed of nine members, together with the First Selectman of Town of Canterbury as an ex-officio member.

Of those originally appointed three members shall serve until January 1, 1979; three members shall serve until January 1, 1980; and three members shall serve until January 1, 1981. Thereafter appointments shall be for two-year terms.

Section 3. The members of the Committee shall be appointed (and any vacancies in membership filled) by Board of Selectmen, Town of Canterbury. No more than a bare majority of members (aside from the ex-officio member) shall be enrolled in one political party.

The members shall receive no compensation for service. The Committee shall establish by-laws for its operation consistent with this ordinance and the enrolling statute. The members shall elect their own officers and establish their meeting schedule, provided that the Committee shall meet no less than once in three months.

Section 4. The Town of Canterbury Committee on the Needs of the Aging shall have the duties designated by Section 7-127a of Connecticut General Statutes.

The Committee shall administer any grants made to, or appropriations made by, Town of Canterbury related to the needs of the aging, on behalf of or subject to the authority of Board of Selectmen of Town of Canterbury.

As to such programs administered by Town of Canterbury, the Committee shall, where appropriate, coordinate with Department on Aging of the State of Connecticut and with any regional and area-wide agencies serving or otherwise working on behalf of older persons.

The Committee shall give its written opinion as to any application for a grant submitted by any agency of Town of Canterbury under Section 17-137d of General Statutes.

The Committee shall report at least annually to Board of Selectmen on the needs of older persons in Canterbury, and how services are dealing with such needs; and shall make recommendations for action in respect thereto.

 

Section 5. The Committee shall be authorized to receive appropriations for its operation as provided in Section 7-127a of Connecticut General Statutes.

Adopted at Town Meeting May 12, 1978

Published May 17, 1978

AN ORDINANCE REGULATING CONSTRUCTION OF DRIVEWAYS LEADING INTO TOWN ROADS

SECTION 1. No person, firm or corporstion shall construct, establish make or maintain any driveway leading into any portion of a town road in Town of Canterbury without having a written permit to do so from the Board of Selectmen. The Selectmen may delegate the administration of this ordinance to the Supervisor of the Town Highway Department.

SECTION 2. No permit shall be issued for any such driveway except in accordance with the provisions of this ordinance.

SECTION 3. Application for permit shall be made in writing upon forms fuirnished by Town of Canterbury. The application shall state the name and address of the person, firm or corporation having title of the premises over which the driveway is to be constructed or reconstructed, the name of the contractor or person who is to construct the driveway and the location, specification and dimensions thereof.

SECTION 4. The specifications for ant such driveway shall conform to the following requirements as a condition of issuance of a permit therefor:

A The driveway approaches shall be so graded that it will not be necessary to change the established grade of the town road into which such driveway shall lead.

B. No part of the driveway approach shall extend beyond the road line in such manner as to change the grade of the town road or obstruct the free flow of waater drainage off the town road.

C. Where such driveway construction will affect the drainage of storm water along the side of the town road or cross open ditches, culverts of such size and material as shall be determined by the Supervisor of the Town of Canterbury Highway Department shall be installed.

D. When there is an existing catch basin in the area of the proposed driveway, any movement or change in such catch basin shall be made by Town Highway Department at the cost of the permit applicant.

SECTION 5. The Supervisor of Town Highway Department shall issue a certificate of compliance upon completion of the construction ot reconstruction of a driveway in accordance with a permit application. Such Supervisor shall inspect the construction or reconstruction while in process and shall have authority to issue a stop order if such construction or reconstruction does not conform to the requirements of this ordinance.

SECTION 6. Any person, firm or corporation violating any provision of this ordinance shall be fined not more than one hundred ($100.00) dollars for each such offense. Each day of any such violation shall constitute a separate offense and be subject to separate punishment.

SECTION 7. This ordinance shall become effective fifteen days after publication in accordance with the General Statutes. Upon such ordinance's becoming effective, the ordinance adopted June 23, 1970, entitled "Ordinance Pertaining to Requirements Upon Installation of Driveways Leading From Town Roads" shall be deemed rescinded.

Adopted at Town Meeting May 12, 1978

Published May 17, 1978

AN ORDINANCE CREATING A MUNICIPAL ECONOMIC DEVELOPMENT COMMISSION FOR TOWN OF CANTERBURY

SECTION 1. There is hereby established, pursuant to the authority contained in Section 7-126, of Connecticut General Statutes, a municipal economic development commission, to be designated Town of Canterbury Economic Development Commission.

SECTION 2. The Town of Canterbury Economic Development Commission shall be composed of nine members, together with First Selectman of Town of Canterbury as an ex-officio member.

Of those originally appointed three members shall serve until January 1, 1980; three members shall serve until January 1, 1981; and three members shall serve until January 1, 1982. Thereafter appointments shall be for three-year terms.

SECTION 3. The members of the Commission sha1l be appointed (and any vacancies in membership filled) by Board of Selectmen, Town of Canterbury. No more than a bare majority of members (aside from the ex-officio member) shall be enrolled in one political party.

The members shall receive no compensation for service. The Commission shall establish by-laws for its operation consistent with this ordinance and the enabling statute. The members shall elect their own officers and establish their meeting schedule, provided that the Commission shall meet no less than once in three months.

SECTION 4. The Town of Canterbury Economic Development Commission shall have the duties designated by Section 7-136(b) and Section 7-136(c) of General Statutes.

The Commission shall, least annually, prepare and transmit to Board of Selectmen, Town of Canterbury, a report of its activities and of its recommendations for improving the economic conditions and development of Town of Canterbury.

SECTION 5. The Commission shall be authorized to receive appropriations for its operation as provided in Section 7-136(d) of General Statutes.

Adopted at Town Meeting January 26, 1979

Published February 1, 1979

RESOLUTION AUTHORIZING TOWN OF CANTERBURY TO JOIN IN FORMATION OF A REGIONAL TRANSIT DISTRICT FOR THE NORTHEASTERN CONNECTICUT REGION

WHEREAS, Town of Canterbury wishes to improve public transportation facilities serving that community in order to improve the mobility of all segments of the population, provide an alternative to the automobile as the principle means of transportation, reduce pollution resulting from automobile exhaust emission, and conserve energy; and

WHEREAS, It has been determined that such public transportation need can be met more efficiently through cooperation of neighboring municipalities; and

WHEREAS, Chapter 103a of the Connecticut General Statutes provides for the establishment of regional transit districts whereby municipalities may join together to meet public transportation needs;

NOW, THEREFORE, BE IT RESOLVED, that Town of Canterbury does hereby vote approval of the participation by Town of Canterbury in the establishment and formation of Northeastern Connecticut Transit District, all in accordance with the provisions of Chapter 103a of the Connecticut General Statutes, as revised.

Adopted at Town Meeting April 11, 1979

AN ORDINANCE REGULATING LOITERING ON QUASI-PUBLIC PROPERTY

SECTI0N 1: Definitions:

(A) For the purpose of this ordinance the term loitering shall mean one or more of the following acts committed on quasi-public property within the Town of Canterbury:

(a) Obstruction of the free, unhampered passage of pedestrians or vehicles;

(b) Obstructing, molesting or interfering with any person lawfully upon any quasi-public property;

(c) Refusing to move on when so requested by a peace officer or other officer having the power of arrest, provided such officer has exercised his discretion reasonably under the circumstances, in order to preserve or promote public peace or order.

(B) "Quasi-public property" shall be deemed to include the area in front of or adjacent to any store, shop, restaurant, luncheonette or other place of business and shall also include parking lots adjacent thereto.

SECTION 2: Prohibition of Loitering: It shall be unlawful for any person to loiter upon any quasi-public property in Town of Canterbury.

SECTION 3: Any person who violates the provisions of this ordinance shall be fined not more than $100.00 for each such offense.

SECTION 4: This ordinance shall take effect fifteen (15) days after publication as required by Section 7-157, Connecticut General Statutes.

Adopted at Town Meeting September 28, 1979

Published October 3, 1979

AN ORDINANCE REGULATING LOITERING ON PUBLIC PROPERTY

SECTI0N 1: Definitions:

(A) For the purpose of this ordinance the term "loiter" shall mean one or more of the following acts committed on public property within the Town of Canterbury:

(a) Obstruction of the free, unhampered passage of pedestrians or vehicles;

(b) Obstructing, molesting or interfering with any person lawfully upon any public property;

(c) Refusing to move on when so requested by a peace officer or other officer having the power of arrest, provided such officer has exercised his discretion reasonably under the circumstances, in order to preserve or promote public peace or order.

(B) "Public Property" shall be deemed to include any land or building owned or under the control of Town of Canterbury or of any board, agency or commission of Town of Canterbury.

SECTION 2: Prohibition of Loitering: It shall be unlawful for any person to loiter upon any public property in Town of Canterbury.

SECTION 3: Any person who violates the provisions of this ordinance shall be fined not more than $100.00 for each such offense.

SECTION 4: This ordinance shall take effect fifteen (15) days after publication as required by Section 7-157, Connecticut General Statutes.

Adopted at Town Meeting September 28, 1979

Published October 3, 1979

ORDINANCE AUTHORIZING THE EXEMPTION FROM TAXATION OF SOLAR ENERGY HEATING AND COOLING SYSTEMS AND SOLAR ENERGY GENERATING SYSTEMS

1. Town of Canterbury adopts the provisions of Section 12-81(56) and Section 12-81(57) of Connecticut General Statutes, as amended, which exempt from taxation solar energy heating and cooling systems, and solar energy generating systems, within the definitions of the said enabling statute.

2. Any person desiring to claim the exemption authorized by Section 12-81(56) and Section 12-81(57) shall file with the Board of Assessors of Canterbury a written application therefore on a form prescribed by Commissioner of Revenue Services within thirty days of the assessment date for any year as to which such exemption is claimed.

3. This ordinance becomes effective fifteen days after publication in accordance with the General Statutes.

Passed at Town Meeting September 26, 1980

Published October 2, 1980

AN ORDINANCE DESIGNATING A SINGLE ASSESSOR FOR TOWN OF CANTERBURY AND DESIGNATING THE METHOD OF ELECTION AND APPOINTMENT, THE TERM AND COMPENSATION

1. Pursuant to the authority contained in Section 9-198 of Connecticut General Statutes, Town of Canterbury determines upon a single assessor for Town of Canterbury, effective July 1, 1981.

2. The Board of Selectmen of Town of Canterbury, or a majority of them, shall appoint the assessor, Town of Canterbury, effective July 1, 1981, to serve until the qualification of the assessor elected at the general municipal election of Town of Canterbury on the first Tuesday of November, 1981.

3. The assessor of Town of Canterbury shall be first elected at the municipal election to be held on the first Tuesday of November, 1981. The term of such office shall be four (4) years. The assessor so elected shall serve for a term of four (4) years and until the qualification of his or her successor.

4. The duties of the assessor shall be as provided by the General Statutes of State of Connecticut and the regulations promulgated pursuant thereto.

5. Any person to be appointed or elected to the office of assessor must have been certified as a Connecticut Municipal Assessor as provided by Section 12-40(a)(b) of Connecticut General Statutes or have undertaken to establish such certification at the earliest practicable time.

6. The compensation of the assessor shall be as established in the budget of Town of Canterbury.

7. Upon the adoption of this ordinance the terms of the assessors of Town of Canterbury then in office shall terminate on July 1, 1981.

8. This ordinance shall be effective fifteen (15) days after publication in accordance with law.

Passed at Town Meeting April 24, 1981

Published April 30, 1981

Amended May 16, 1997

AN ORDINANCE ESTABLISHING FEES FOR BUILDING PERMITS

The fee for a building permit in Town of Canterbury shall be computed as follows and shall be paid to Town of Canterbury:

1. For the construction of residential buildings, the sum of $3.00 per thousand dollars of cost.

2. For the construction of school and educational buildings and buildings intended for public assembly, the sum of $4.00 for each 100 square feet or fraction thereof up to and including 20,000 square feet, plus the sum of $2.00 for each 100 square feet or fraction thereof in excess of 20,000 square feet.

3. For the construction of business, mercantile and industrial buildings, the sum of $3.00 per thousand dollars of cost, but not more than five thousand dollars per permit.

4. For the construction of garages, barns, coops and other structures, not intended for human occupancy, the sum of $3.00 per thousand dollars of cost, provided, however, that the minimum fee shall be $5.00.

5. For construction of signs and other miscellaneous structures and for alterations, repairs and remodeling, the cost of which will be less than $1,000.00, the sum of $5.00; and for all such work the cost of which will be $1,000.00 or more, the sum of $5.00 for each $1,000.00 of cost or fraction thereof.

6. For the moving of any building, not intended for human occupancy, from one location to another, the sum of $10.00.

7. For the moving of any building, intended for human occupancy, from one location to another, the sum of $50.00.

8. There shall be no permit fee for the construction or moving of any building not intended for human occupancy with less than 100 square feet.

9. For the construction or movement of any building, the construction or movement of which shall be supervised by an architect or other qualified person whose inspection reports will be acceptable to the Building Inspector, the sum of $25.00.

10. For installation of exterior siding, the sum of $3.00 per thousand dollars of cost.

11. For a permit for the replacement of a trailer to the extent permitted by municipal ordinance, the sum of $25.00.

12. For demolition permits, by owner or contractor, the sum of $15.00.

13. For the purpose of determining fees under this ordinance "cost" shall be as reasonably determined by the building inspector.

14. The penalty for violation of any provision hereof or for failing to obtain a permit as required hereby shall be as established by the statutes of State of Connecticut, or by any code of regulations adopted in accordance therewith.

15. Upon adoption of this ordinance the ordinance establishing fees for building permits adopted by Town of Canterbury May 21, 1971, shall be rescinded.

16. This ordinance shall be effective fifteen (15) days after publication in accordance with law.

Passed at Town Meeting July 22, 1981

Published July 25, 1981

Amended (replaced) at Town Meeting November 20, 1998

 

AN ORDINANCE CONCERNING THE ELECTION OF SCHOOL BOARD MEMBERS FOR TOWN OF CANTERBURY

The Town of Canterbury adopts the provision of Public Act 83-401 of Connecticut General Assembly, adopted June 30, 1983, entitled "An Act Concerning Election of School Board Members," as follows:

Section 1. Notwithstanding the provisions of any general statute to the contrary, in any town which provides for four-year terms for members to be elected to the board of education and whose legislative body adopts the provisions of this section by charter or ordinance, and the number of members to be elected is odd or even, any elector may vote for all of that number and the persons receiving the greatest number of votes shall be elected, except that when the number of members of any one political party who would be elected without regard to section 9-167a of the general statutes, exceeds the maximum number as determined by said section 9-167a, then only the candidates of such political party with the highest number of votes up to the limit of such maximum, shall be elected. The next highest-ranking candidates, not from such political party, shall be elected, up to the number of places to be filled in such election. Each political party shall have the right to nominate as many persons as there are vacancies on the board and those names shall be placed upon the ballot.

Section 2. This ordinance becomes effective fifteen (15) days after publication in accordance with the General Statutes and shall be operative for the Town of Canterbury Municipal Election of November, 1985 and thereafter.

Passed at Town Meeting March 22, 1985

Published March 28, 1985

AN ORDINANCE PROVIDING FOR ALTERNATE MEMBERS OF PLANNING AND ZONING COMMISSION OF TOWN OF CANTERBURY

BE IT ORDAINED by the legal voters of Town of Canterbury in lawful town meeting duly assembled:

Section 1. Upon the adoption of this ordinance the Selectman shall appoint three alternate members of Planning and Zoning Commission of Town of Canterbury, to serve until the municipal election of November, 1987. At such election one alternate member shall be elected for a term of two (2) years, one alternate member shall be elected for a term of four (4) years, and one alternate member shall be elected for a term of six (6) years. Thereafter as the term of each alternate member of Planning and Zoning Commission of Town of Canterbury expires, the successor shall be elected at the biennial election of Town of Canterbury to serve for a term of six years.

Section 2. An alternate member of Planning and Zoning Commission of Town of Canterbury, when seated as provided by Section 8-lb of Connecticut Statutes, shall have all the powers and duties set forth in the general statutes and the ordinances of the town for such commission and its members.

Section 3. This ordinance becomes effective fifteen (15) days after publication in according with the General Statutes.

Passed at Town Meeting December 20, 1985

Published December 24, 1985

Amended at Town Meeting May 19, 1995

AN ORDINANCE ADOPTING THE JOINT RESOLUTION ENTITLED "JOINT RESOLUTION CREATING THE NORTHEASTERN CONNECTICUT REGIONAL RESOURCE RECOVERY AUTHORITY"

WHEREAS, each municipality in the Northeastern Connecticut Planning Region is authorized to provide for and regulate the collection and disposal of ail garbage, trash, waste, and ashes either by contract or otherwise, and to prohibit and regulate the depositing of the same within the municipality; and

WHEREAS, the municipalities are encountering increasing difficulty in providing adequate solid waste disposal facilities at reasonable cost; and

WHEREAS, the municipalities are desirous of working together to find an economically and environmentally feasible method of disposing of their municipal solid waste, by creating the Northeastern Connecticut Regional Resource Recovery Authority; and

WHEREAS, said municipalities desire to create said authority by adoption of the following Joint Resolution;

RESOLVED, that:

1 NAME: There is hereby created a regional resources recovery authority pursuant to Section 7-273aa of the Connecticut General Statutes to be known as the NORTHEASTERN CONNECTICUT REGIONAL RESOURCE RECOVERY AUTHORITY, subject to the modifications and limitations set forth in this resolution. The NORTHEASTERN CONNECTICUT REGIONAL RESOURCE RECOVERY AUTHORITY shall have all the powers and duties of a municipal authority and of a regional authority pursuant to Chapters 103b, 446d (formerly 361a) and 446e (formerly 351b) of the Connecticut General Statutes.

2. Appointment of Representatives: Membership in the Authority shall consist of those municipalities that adopt this Joint Resolution as set forth in paragraph 6 of this resolution. The representative to the Authority from each member town shall be appointed by the Board of Selectman of each municipality, except for the representative

of the Town of Killingly which shall be appointed by the Town Council. The Board of Selectman or Town Council of each member town shall be authorized to appoint an alternate representative who shall be authorized to attend meetings and vote in the place of an absent representative. Representatives shall serve without compensation but may be reimbursed by the Authority for necessary expenses incurred in conducting Authority business.

3. NUMBER OF REPRESENTATIVES: Each member municipality shall be entitled to one representative on the Authority and to one alternate, who may vote only in the absence of the regular representative. Representatives and alternates shall serve for three-year terms, except that the initial appointments shall be for one, two or three-year terms based on alphabetical assignment of those municipalities comprising the Authority.

Thereafter, initial terms for representatives of new municipal members shall rotate among one, two and three years in the order of adoption of the Joint Resolution. All initial terms shall be deemed to begin on the day the Authority is created.

4. VOTING and QUORUM: The NORTHEASTERN CONNECTICUT RESOURCE RECOVERY AUTHORITY shall operate with one hundred voting units which shall be assigned to member municipalities in proportion to each municipality's share of the total population of all members of the authority as determined by the latest decennial federal census of population. There shall be no fractional votes. Each municipality shall have a minimum of one (1) vote. The distribution of voting units among members shall be recomputed following each decennial federal census and upon the withdrawal or termination of any member municipality or the admission of a new member. Action by the Authority shall require the affirmative action of at least 60% of the total voting units present and voting at a duly called meeting of the Authority at which a quorum is present. The presence, at a meeting, of representatives from a majority of the member municipalities shall be necessary for a quorum.

5. LIABILITIES OF MEMBER TOWNS: A member municipality shall not assume any liabilities or responsibilities of the NORTHEASTERN CONNECTICUT REGIONAL RESOURCE RECOVERY AUTHORITY or created by the action of said Authority, or be responsible for payment of any expenses of said Authority unless an appropriation for the municipality's proportionate share of such expenses has been approved by the municipality or a contract setting forth such liabilities and responsibilities for expenses has been approved by the municipality.

6. EFFECTIVE DATE: This resolution shall take effect when it has been adopted by five (5) or more towns in the Northeastern Connecticut Planning Region.

7. WITHDRAWAL FROM AUTHORITY: No municipality may withdraw its membership in the Authority without giving at least six (6) months notice to each of the other participating municipalities and to the NORTHEASTERN CONNECTICUT REGIONAL RESOURCE RECOVERY AUTHORITY. Such withdrawal of membership will not in any manner relieve the municipality of liabilities or responsibilities assumed prior to withdrawal, including, without limitation, contracts and agreements to supply municipal solid waste, to pay tipping fees or other charges, and to make landfill space available.

This ordinance becomes effective fifteen days after publication in accordance with the General Statutes.

Passed at Town Meeting September 26, 1986

Published October 8, 1986

RESCINDED at Town Meeting January 30, 1987

THE ORDINANCE ENTITLED "CONCURRENT ORDINANCE CREATING THE NORTHEASTERN CONNECTICUT REGIONAL RESOURCE RECOVERY AUTHORITY"

WHEREAS, each municipality in the Northeastern Connecticut Planning Region is authorized to provide for and regulate the collection and disposal of all garbage, trash, waste, and ashes either by contract or otherwise, and to prohibit and regulate the depositing of the same within the municipality; and

WHEREAS, the municipalities are encountering increasing difficulty in providing adequate solid waste disposal facilities at reasonable cost; and

WHEREAS, the municipalities are desirous of working together to find an economically and environmentally feasible method of disposing of their municipal solid waste, by creating the Northeastern Connecticut Regional Resource Recovery Authority; and

WHEREAS, said municipalities desire to create said authority by adoption of the following concurrent ordinances;

BE IT ORDAINED that:

1. Name: There is hereby created a regional resources recovery authority pursuant to Section 7-273aa of the Connecticut General Statutes to be known as the NORTHEASTERN CONNECTICUT REGIONAL RESOURCE RECOVERY AUTHORITY principal office address being P.O. Box 198, Brooklyn, CT. 06234, subject to the modifications and limitations set forth in this ordinance. The NORTHEASTERN CONNECTICUT REGIONAL RESOURCE RECOVERY AUTHORITY shall have all powers and duties of a municipal authority and of a regional authority pursuant to Chapters 103b, 446d (formerly 361a) and 446e (formerly 351b) of the Connecticut General Statutes.

 

The first members of the Authority are: the Town of Canterbury, Canterbury Town Hall, P.O. Box 26, Canterbury, CT. 06331, whose initial representative term of office shall be one (1) year; the Town of Killingly, Killingly Town Hall, 127 Main Street, Danielson, CT. 06239, whose initial representative's term of office shall be two (2) years; the Town of Plainfield, Plainfield Town Hall, 8 Community Avenue, Plainfield, CT. 06374, whose initial representative's term of office shall be three (3) years; the Town of Pomfret, Pomfret Town Office Building, R.F.D. #1, Pomfret Center, CT. 06259, whose initial representative's term of office shall be one (1) year; the Town of Putnam, Putnam Town Hall, 126 Church Street, whose initial representative's term of office shall be two (2) years; and the Town of Thompson, Thompson Municipal Building, North Grosvenordale CT. 06255, whose initial representative's term of office shall be three (3) years. In the event that any of the above named municipalities do not adopt this ordinance, the terms of office the initial representatives as shown above shall be redefined according to Section 3 of this ordinance for any of the above named municipalities which adopt this ordinance.

2. Appointment of Representatives: Membership in the Authority shall consist of those municipalities that adopt this concurrent ordinance as set forth in paragraph 6 of this ordinance. The representative to the Authority from each member town shall be appointed by the Board of Selectmen of each municipality, except for the representative of the Town of Killingly which shall be appointed by the Town Council. The Board of Selectmen or Town Council of each member town shall be authorized to appoint an alternate representative who shall be authorized to attend meetings and vote in the place of an absent representative. Representatives shall serve without compensation but may be reimbursed by the Authority for necessary expenses incurred in conducting Authority business. Any representative may be removed with or without cause by a majority vote of the Board of Selectmen or Town Council of the Town which appointed the representative.

3. Number of Representatives: Each member municipality shall be entitled to or representative on the Authority and to one (1) alternate, who may vote only in the absence of the regular representative. Representatives and alternate shall serve for three-year terms based on alphabetical assignment of those municipalities comprising the Authority. Thereafter, initial terms for representatives of new municipal members shall rotate among one, two and three years in the order of adoption of the ordinance. All initial terms shall be deemed to begin on the day the Authority is created.

4. Voting and Quorum: The NORTHEASTERN CONNECTICUT RESOURCE RECOVERY AUTHORITY shall operate with one hundred voting units which shall be assigned to member municipalities in proportion to each municipality's share of the total population of all members of the authority as determined by the latest decennial federal census of population. There shall be no fractional votes. Each municipality shall have a minimum of one (1) vote. The distribution of voting units among members shall be recomputed following each decennial federal census and upon the withdrawal or termination of any member municipality or the admission of a new member. Action by the Authority shall require the affirmative action of at least 60% of the total voting units present and voting at a duly called meeting of the Authority at which a quorum is present. The presence, at a meeting, of representatives from a majority of the member municipalities shall be necessary for a quorum.

5. Liabilities of Member Towns: A member municipality shall not assume any liabilities or responsibilities of the NORTHEASTERN CONNECTICUT REGIONAL RESOURCE RECOVERY AUTHORITY or created by the action of said Authority, or be responsible for payment of any expenses of said Authority unless an appropriation for the municipality's proportionate share of such expenses has been approved by the municipality or a contract setting forth such liabilities and responsibilities for expenses has been approved by the municipality.

6. Effective Date: This ordinance shall take effect when it has been adopted by five (5) or more towns in the Northeastern Connecticut Planning Region.

7. Withdrawal from Authority: No municipality may withdraw its membership in the Authority without a vote of its legislative body to withdraw from the Authority and giving at least six (6) months notice to each of the other participating municipalities and to the NORTHEASTERN CONNECTICUT REGIONAL RESOURCE RECOVERY AUTHORITY. Such withdrawal of membership will not in any manner relieve the municipality of liabilities or responsibilities assumed prior to withdrawal, including, without limitations, contracts and agreements to supply municipal solid waste, to pay tipping fees or other charges, and to make landfill space available.

Concurrent ordinance becomes effective fifteen days after publication in accordance with Connecticut General Statutes.

Passed at Town Meeting January 30, 1987 Published February 9, 1987

AN ORDINANCE ENTITLED "AN ORDINANCE TO CREATE A REGIONAL COUNCIL OF GOVERNMENTS"

WHEREAS A Joint Committee of the Northeastern Connecticut Regional Planning Agency and the Northeastern Connecticut Town Administrators' Association has found that a strengthened Regional Planning Organization is needed to assist the ten towns in the Northeastern Connecticut Planning Region in dealing effectively with regional issues; and,

WHEREAS the Joint Committee of the Northeastern Connecticut Regional Planning Agency and the Northeastern Connecticut Town Administrators' Association has found that a Regional Council of Governments will provide the most effective organization for:

--addressing pressing regional issues resulting from increased growth and development

--functioning as an advocate of its member town on matters relating to the State and Federal Governments

--coordinating the delivery of shared services to its member towns; and

WHEREAS the Northeastern Connecticut Regional Planning Agency and the Northeastern Connecticut Town Administrators' Association have recommended that a Regional Council of Governments be formed and that regional planning should be given equal importance with implementation by assuring that equal status is given to the Council's Regional Planning Commission in the preparation of the Council of Government's Annual Work Program and Budget; therefore

BE IT ORDAINED THAT: The Town of Canterbury does hereby adopt Sections 4 -124i through 4-124p of the Connecticut General Statutes as amended, providing for the formation of a Regional Council of Governments, and does hereby join such Regional Council of Governments when and as such Council is duly established in accordance with said statutes, upon the adoption of said statutes by not less than sixty percent (60%) of all municipalities within the Northeastern Connecticut Planning Region as defined by the Secretary of the Office of Policy and Management or his designee and upon certification by the Secretary of the Office of Policy and Management or his designee that a Regional Council of Governments has been duly established.

When the Regional Council of Governments is duly established and the transition period called for in Section 4-124-1c of the Connecticut General Statutes as amended has been completed, then the Town does hereby rescind the ordinance and any amendments thereto that created the Town's participation in the Northeastern Connecticut Regional Planning Agency."

This ordinance becomes effective fifteen days after publication in accordance with General Statutes.

Passed at Town Meeting May 15, 1987

AN ORDINANCE PROVIDING FOR THE METHOD OF COMPENSATING TAX COLLECTOR, TOWN OF CANTERBURY

"The salary of the Tax Collector of Town of Canterbury for the fiscal years of Town of Canterbury commencing with the fiscal period July 1, 1987 - June 30, 1988, shall be the salary amount budgeted therefore in the annual budget of Town of Canterbury, in lieu of compensation arrangements for such office previously operative."

Passed at Town Meeting June 5, 1987

Published June 18, 1987

REFERENDUM RE RESTAURANT BEER AND WINE PERMIT

Vote result: All liquor 408

Restaurant Permit for Wine & Beer 255 663

Nays 328

Referendum held November 3, 1987

AN ORDINANCE PROVIDING FOR THE ASSIGNMENT AND AFFIXING OF VISIBLE STREET NUMBERS FOR THE TOWN OF CANTERBURY

BE IT ORDAINED, for the purpose of public safety and convenience by requiring visible street numbering in order that addresses may be identified from Town roads to ease and speed essential emergency services such as fire fighting, police and emergency medical care.

Pursuant to Section 7-148 of the General Statutes of Connecticut the Town shall assign street numbers to all property and structures fronting on any street or highway within the Town and may change numbers if necessary to have a more orderly numbering system. When new streets are laid out, the Town shall promptly assign numbers to each dwelling or structure requiring a mailing address. The Town may assign numbers to private roads which have not been accepted by the Town or which pass through private property. Such assignment of numbers shall not be construed as acceptance of such streets or highways or any portion thereof by the Town. The Town shall be required to notify persons of the number assigned to any property or structure. Where multiple buildings are located on a single property, the buildings shall be identified by letter A, B, C etc. and each apartment shall be issued a number i.e. Apt. A 1. The Town shall maintain maps showing the street numbers assigned to each property or structure and such maps and records shall be open for public inspection.

Each owner, agent or occupant shall affix, in a conspicuous place, either on a building, on an object or on a mailbox, the correct assigned number that will identify the address as assigned by the Town of Canterbury. The number must be visible and readable from the street or highway and the style shall be block numbers, no smaller than three inches in height. (No Script, Old English or Roman Numerals shall be used). Numbers shall be affixed within 90 days of receipt of notice from the Town.

Each owner, agent or occupant of any building or part thereof who shall fail to affix to the appropriate building the number assigned by the Town within a period of 90 days from date of receipt of notice of such assignment, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one dollar, nor more than twenty dollars for each offense, and each day thereafter of failure to comply with the direction of the Town shall constitute a separate and distinct offense.

For the purpose of creating order in the streets of the Town of Canterbury, to ensure that the Town has proper and useful planning, to promote public safety and convenience and to ease and speed essential emergency services, the Town adopts the following ordinance:

The numbering system, which will be maintained in a proper notebook by the assessor, entitled "Town of Canterbury - Street Numbering System, 1989" is hereby adopted as specified in Section 7-148 of the General Statutes as the Street Numbering System of the Town of Canterbury. The First Selectman or his agent shall issue numbers on all future construction.

Passed at Town Meeting September 22, 1989

Published October 3, 1989

CANTERBURY DRIVEWAY ORDINANCE

Section 1. Definitions:

Applicant - The term "Applicant" refers to the person proposing a driveway.

Board - The Board of Selectmen for the Town of Canterbury, Connecticut or their authorized representative.

Commission - The Planning Commission of the Town of Canterbury, Connecticut or their authorized representative.

Driveway - An access onto or an egress from a street.

Person - Includes Corporations, Partnerships, Firms, Associations other entity.

Road Standards - Shall mean the standards and specifications set forth in the Public Improvement Specifications prepared by the Northeastern Connecticut Council of Governments.

Storm Water - Surface runoff, the direct result of precipitation.

Street - Any Town maintained, paved highway. The word shall not include private driveways and rights-of-way.

Town - The Town of Canterbury, Connecticut.

Section 2. Purpose:

It is the declared purpose of this ordinance to regulate driveways for the purpose of providing safe and structurally adequate access onto streets.

Section 3. Permit:

No driveway shall be constructed within the Town of Canterbury without a written permit issued by the Board. No building permit shall be issued for new construction within the Town of Canterbury unless the applicant can show that either:

a. there is an existing driveway or,

b. a driveway permit has been issued pursuant to this ordinance or,

c. the proposed new construction will not require a driveway.

Section 4. Procedure:

1. Application shall be made to the Board on a form provided by the Board. A plan and fee of twenty-five dollars ($25.00) dollars must accompany the application. The Board may require additional information from the applicant or changes in the plan.

Driveways onto State owned roads are required to have a permit from the State in addition to a permit from the Town. The applicant will be issued a Driveway Construction Permit only if all the required standards are met. The permit shall be valid for one year from the date of Board issuance.

2. Construction may start only after issuance of the Driveway Construction Permit. The Board must be notified two (2) working days in advance of starting work activities. The Board will determine which work activities will need inspection before issuance of the construction permit.

3. Final Approval of the driveway will be issued by the Board when all work is completed in accordance with the standards as verified by the inspections. No Certificate of occupancy will be issued until the Board issues its final approval of the driveway.

Section 5. Standards:

1. Driveways shall be located and designed with satisfactory sightlines along the subject State or Town road. Driveways must comply with the minimum State recommended sight distances for the established speed limit when entering a State highway and shall have a minimum sight distance of two hundred and seventy-five (275) feet when entering a Town road.

2. All driveways shall have a minimum usable width of 12 feet and shall be constructed so as to allow passage of width of 12 feet and shall be constructed so as to allow passage of emergency vehicles. Recommended minimum specifications are as follows;

a. slope: less than 12 percent

b. load capacity: 44,000 pounds

c. height clearance: 12 feet

d. radius of centerline: not less than 40 feet

e. side slopes of cuts or fills: not steeper than 3:1

3. Where a driveway is proposed across an existing drainage ditch of culvert or across a town easement for drainage, it shall be the responsibility of the applicant to install and all subsequent owners to maintain adequate provisions for storm water drainage, according to Road Standards for drainage facilities.

4. A paved apron shall be installed by the applicant, to consist of 1', inch thick bituminous concrete, on the first ten feet from the edge of the Town maintained pavement, having a minimum width of 12 feet at the driveway end and twice the driveway width at the highway end, placed so as to provide a radius of not less than one-half the driveway width on each side.

5. Driveways shall be designed, constructed and maintained in such manner as to minimize the amount of storm water flowing into the Town right-of-way. No person shall deposit fill, leaves, trash or other material into any Town drainage facility or easement, no person shall permit any discharge of water (other than storm water) or other material from his or her property onto the Town right-of-way.

6. Whenever a driveway allows water and/or sediment to flow onto a Town street it is the responsibility of the owner of the subject driveway to clean up the street area effected.

Section 6. Violation:

1. Any person violating any provision of this ordinance shall be fined not more than one hundred dollars ($100.00) for each such offense. Each day of any such violation shall constitute a separate offense and be subjected to separate punishment.

Section 7. Scope:

1. This ordinance is only applicable to new construction following the date of acceptance of this ordinance and shall not apply to completed or in-process construction prior to this date.

Passed at Town Meeting September 22, 1989

Published October 3, 1989

Modified at Town Meeting June 15, 1993

HOURS OF REFERENDA ORDINANCE

"Be it ordained, that when referenda are conducted in the Town of Canterbury, the polls at any such referendum shall open at 6:00 a.m. and remain open until 8:00 p.m.

Passed at Town Meeting May 18, 1990

Published Mary 25, 1990

REFERENDUM RE RESTAURANT ALL ALCOHOL PERMIT

Vote result: All Liquor 523

Restaurant Permit All Liquor 337 860

Nays 551

Referendum held November 2, 1990

AN ORDINANCE CONCERNING THE SEPARATION, RECOVERY, COLLECTION, REMOVAL, STORAGE, AND DISPOSITION OF RECYCLABLES, GENERATED IN THE TOWN OF CANTERBURY, CT.

BE IT ORDAINED BY THE VOTERS AND THOSE ELIGIBLE TO VOTE AT TOWN MEETING:

Section 1. The Board of Selectmen of the Town of Canterbury is hereby authorized to enact from time to time such regulations as it shall deem in the public interest regarding the separation, recovery, collection, removal, storage, or disposition of recyclables, in accordance with Connecticut General Statutes Section 22a-241a et seq. as amended and applicable state regulations. Such regulations shall become effective immediately upon passage, shall be either published immediately after passage once in a daily newspaper having circulation in the Town of Canterbury or distributed to every household and business in the Town of Canterbury and shall be immediately posted in a conspicuous place in the Town Hall.

Section 2. "Recyclables" are defined as those materials listed in the Connecticut Department of Environmental Protection as may be amended from time to time. For the purpose of this ordinance, recyclables are currently defined as:

A. "CARDBOARD" means corrugated boxes and similar corrugated and kraft paper materials which have a minimum of contamination by food or other materials.

B. "GLASS FOOD CONTAINER" means glass bottle or jar of any size or shape used to package food or beverage products suitable for human or animal consumption.

C. "METAL FOOD CONTAINER" means an aluminum, bi-metal, steel, tinplated steel, or other metallic can, plate, or tray of any size or shape used to package food or beverage products suitable for human or animal consumption.

D. "NEWSPAPER" means used or discarded newsprint which has a minimum of contamination by food or other materials.

E. "OFFICE PAPER" means used or discarded high-grade white paper and manila paper including, but not limited to, paper utilized for file folders, tab cards, writing, typing, printing, computer printing, and photo-copying which is suitable for recycling and which has a minimum of contamination. For the purposes of Section 22a-241b-1 to 22a-241b-4, office paper generated by households is excluded.

F. "LEAVES" means the foliage of trees.

G. "SCRAP METAL" means used or discarded items which consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including, but not limited to, white goods and metal food containers.

H. "STORAGE BATTERY" means lead acid batteries or other batteries used in motor vehicles such as automobiles, airplanes, boats, recreational vehicles, tractors and like applications.

I. "WASTE OIL" means crankcase oil that has been utilized in internal combustion engines.

Section 3. Recyclables shall be segregated from non-recyclable refuse and grouped in accordance with the Region's Material Preparation Instructions. These recycling instructions will be prominently displayed at the Town Designated Recycling Site.

Section 4. Recyclables shall be separated from non-recyclables and maintained in an orderly condition so as not to constitute a nuisance or otherwise be objectionable.

a. Apartments of more than four (4) units, condominiums, and businesses, serviced by private collectors shall have an area designated for recyclables.

b. Such commercial enterprises as are defined in subparagraph (a.) shall be responsible for the proper disposal of the recyclables collected.

c. The Town may, at its option, assist commercial and industrial concerns within the Town of Canterbury with the disposal of State designated recyclables either through the provision of municipal pick-up or help in arranging the services of the commercial hauler. Any costs incurred by the use of a commercial hauler to provide recycling pick-up, would be the responsibility of the commercial or industrial establishment.

 

Section 5. No person having custody or control of residential, industrial or business premises from which recyclables are collected in the Town of Canterbury shall permit or cause recyclables, within his control, to become a hazard to public travel, health, or safety, or to become a nuisance of any sort.

Section 6. The Town of Canterbury shall maintain, or designate a center for collection of Class A waste, white goods and appliances, tires, waste oil, wood pallets, boxes or furniture, ferrous material and scrap metal. All such objects to be disposed of shall be brought to the center for collection at the designated Town Landfill.

Section 7. No person shall deposit land clearing bulky waste (stumps, trunks, treetops, etc.) or building demolition waste at the Town's collection center. Building demolition waste shall and land clearing bulky waste may be transferred to the Town Designated Bulky Waste Facility.

Section 8. Any person violating any of the above provisions of this ordinance or the regulations enacted hereunder shall be fined not more than one hundred dollars ($100.00) for each offense. In addition, the Town of Canterbury, and its agents, reserves the right to collect recyclables where the spirit or letter of this ordinance or the regulations enacted hereunder is ignored. The Board of Selectmen shall have full discretionary authority in deciding all disputed questions arising under the provisions of this ordinance or the regulations enacted hereunder.

Section 9. All ordinances or parts of ordinances, resolutions, regulations or other documents inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.

Section 10. This ordinance and the various parts, sentences, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, section or clause is adjudged invalid, it is hereby provided that the remainder of this ordinance shall not be affected thereby.

Section 11. Notice of the passage of this ordinance shall be published within seventy-two (72) hours once in a daily newspaper having circulation in this Town of Canterbury. This ordinance shall become effective on the fifteenth (15th) day after publication of the aforesaid notice of passage.

Passed at Town Meeting November 20, 1990

Published November 23, 1990

DATE ON TERMS ORDINANCE ON BEGINNING OF APPOINTED PERSONS

BE IT ORDAINED by the electors and those entitled to vote at a Town Meeting of the Town of Canterbury in lawful meeting assembled, that

1. The terms of office of local Canterbury commissions, boards and committees which are filled by appointment by the First Selectman and/or the Board of Selectmen shall expire on March 31st.

2. That all currently appointed local Canterbury board members', commissioners' and/or committee members' terms are extended to March 31st of the year following the current expiration of their terms.

3. This ordinance shall not apply to appointments to fill vacancies in elected positions.

Passed at Town Meeting May 17, 1991

Published May 24, 1991

ORDINANCE ON SALE OF LAND

BE IT ORDAINED by the electors and those entitled to vote at a Town Meeting of the Town of Canterbury in lawful meeting assembled, that

1. There shall be a property committee consisting of a First Selectman, or his designee, Chairman of the Board of Finance or his designee, Chairman of the Board of Education or his designee, Chairman of the Recreation Commission or his designee, the Chairman of the Planning and Zoning Commission or his designee and the Chairman of the Inland Wetlands Commission or his designee. The designee must be a member of the respective Board or Commission.

2. The property committee shall meet annually in the month of January to review the list of properties owned by the Town of Canterbury as provided to them by the Assessor by January l st. In addition to supplying the list of properties, the Assessor shall provide the committee with the current market value of said properties applying the current sales ratio formula to the assessment.

3. The Tax Collector, by January l st, shall provide said committee with the amount of any uncollected taxes against said properties and the amount of taxes and any other costs such as interest and lien fees said properties would derive under the present mill rate should said properties be privately owned.

4. At its meeting said committee shall review the list of properties submitted by the Assessor and determine which, if any, of the properties should be sold by the Town of Canterbury considering the properties present or future use or potential as 1. a school site, 2. recreation site, 3. other municipal site, 4. open space, 5. wetlands buffer or 6. possibly being exchanged for other property desired by the Town.

5. The properties shall be sold in the following manner:

A. All adjoining property owners as best can be determined by the most recent assessment list shall be notified of the fact that the Town is interested in selling said property, at least four (4) weeks prior to bid opening.

B. Notice of the Town's intention to sell the property shall be advertised for four (4) consecutive weeks in either a newspaper or other periodical having a circulation in the Town of Canterbury.

C. Persons interested in purchasing said property shall submit written sealed bids.

D. Opening date for bids shall not be earlier than four (4) weeks after the last notice advertising the solicitation of said bids.

E. The minimum bid for any property subject to outstanding taxes, including taxes satisfied by Judgment of Foreclosure, shall be the amount of said taxes and the cost of foreclosure unless the current market value of the land is less than the outstanding taxes.

F. The highest bid for each parcel of land shall be submitted to a Town meeting for acceptance or rejection.

G. The transfer of said property shall occur by execution of a Quit Claim Deed by the Board of Selectmen.

6. Four members of the Committee must be present for the committee to act on any item.

7. This ordinance shall not supersede Planning & Zoning Regulations of the Town of Canterbury.

Passed at Town Meeting May 17, 1991

Published May 24, 1991

Amended at Town Meeting November 30, 1992

LAND USE FEE SCHEDULE ORDINANCE

1. DAY-TO-DAY PERMITS

Standard Zoning Permit (Including Final Inspection for C.O. (ZEO)

Any purpose ....................................................................................................... $20

Regulations

Zoning/Subdivision/Plan of Development (Town Clerk) ........................................ $10

II. SPECIAL EXCEPTIONS (Planning & Zoning Commission) Special Exception & Site Plan Review

Minor up to 3,000 sq. ft.* ................................................................................... $75

Moderate 3,000 to 8,000 sq. ft.* ...................................................................... $150

Major 8,001 sq. ft. and up* .............................................................................. $300

Site Plan Review Only

Move, Expand, Enlarge of Existing Business or Prior Special Exception: Up to 5,000 sq. ft.* $75

Greater than 5,000 sq. ft.* ................................................................................ $150

III. SUBDIVISION/RESUBDIVISION (Planning & Zoning Commission)

Filing Fee

$50./lot for each new lot proposed or created ..................................................... $50

Engineering Review of Public Improvements (Pre-Construction

With new subdivision road/utilities only ............................................................... $200

plus $0.50/linear foot of proposed new road, storm drainage & utilities.

Inspection and Supervision of Public Improvements During Construction and Maintenance

Town Engineer, Road Foreman, and Zoning Enforcement Officer ----2.5% of cost of all public improvements to be computed by Town Engineer.

IV. CHARGES AND/OR AMENDMENTS OF REGULATION OR MAPS

Application for Change in Subdivision Regulations

Text or Map ...................................................................................................... $200

Application for Change in Subdivision Regulations ...................................................... $200

V. GENERAL CONDITIONS

Method of Payment

All fees required by this ordinance shall be submitted to the Agency by certified check or money order payable to the Town of Canterbury at the time the application is filed with the Agency.

* Area to be based on all new area created or disturbed for proposed action including all building or structures, accessory structures, driveway, parking area, well, septic systems, fencing and buffer plantings, etc.

Time of Payment

All application fees must be paid in full prior to acceptance of application by the Commission. No application shall be granted or approved by the Agency unless all other fees are paid in full at the time indicated.

Exemption

Boards, Commissions, Councils and Departments of the Town of Canterbury are exempt from all fee requirements.

These application, review and inspection fees are not refundable or transferable.

Public Improvements

For the purpose of this ordinance, includes but is not limited to the construction of new roads, improvements to existing roads, storm drainage facilities, water and sewer lines, the setting aside of open space and recreation areas, planting of trees or other landscaping, the installation of retaining walls or other structures and erosion and sedimentation controls.

Public Notification

The cost of all legally required public notifications are the sole responsibility of the applicant and will be charged directly to the applicant by the newspaper utilized.

Passed at Town Meeting May 17, 1991

Published May 24, 1991

Repealed and Replaced in Entirety at Town Meeting May 21, 1993

AN AMENDMENT TO AN ORDINANCE ESTABLISHING AN INLAND-WETLAND COMMISSION FOR THE TOWN OF CANTERBURY

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

SECTION 2. A Upon the adoption of this ordinance the Selectmen shall appoint three alternate members of the Inland-Wetland Commission for the Town of Canterbury. One alternate member shall serve until March 31, 1994; one alternate member shall serve until March 31, 1995; and one alternate member shall serve until March 31, 1996. Thereafter, appointments shall be for three-year terms.

This amended ordinance shall take effect fifteen (15) days after publication in accordance with State Statutes.

Passed at Town Meeting November 30, 1992

Published April 29, 1993

AMENDMENTS TO ORDINANCE ENTITLED "ORDINANCE ON SALE OF LAND"

Changes CAPITALIZED

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

Section

1. No Change

2. No Change

3. No Change

4. At its meeting said committee shall review the list of properties submitted by the Assessor and determine which, if any, of the properties should be sold by the Town of Canterbury considering the properties present or future use or potential as 1. a school site, 2. recreation site, 3. other municipal site, 4. open space, 5. wetlands buffer, or 6. possibly being exchanged for other property desired by the Town. THE COMMITTEE MAY ALSO RECOMMEND TO THE TOWN THAT SOME PARCELS OF LAND BE EXCHANGED FOR OTHER PROPERTY DESIRED BY THE TOWN OR THAT THE TOWN TRANSFER DEED TO ADJOINING PROPERTY OWNERS.

5. The properties shall be sold, EXCHANGED, OR TRANSFERRED IN the following manner:

A. All adjoining property owners as best can be determined by the most recent assessment list shall BE SENT NOTIFICATION BY REGISTERED MAIL TO THEIR LAST KNOWN ADDRESS of the fact that the Town is interested in selling, EXCHANGING OR TRANSFERRING THE DEED TO said property, at least EIGHT (8) WEEKS PRIOR TO BID OPENING IF PROPERTY IS BEING SOLD OR TEN (10) WEEKS PRIOR TO THE TOWN MEETING REJECTING OR ACCEPTING NON-SALE TRANSFERS.

B. Notice of the Town's intention to sell, EXCHANGE,OR TRANSFER DEED TO the property shall be advertised for four (4) consecutive weeks in either a newspaper or other periodical having a circulation in the Town of Canterbury.

C. FOR THE SALE OF PROPERTY, persons interested in purchasing said property shall submit written sealed bids.

D. No Change

E. The minimum bid for any property subject to outstanding taxes, including taxes satisfied by Judgment of Foreclosure, shall be AT LEAST the amount of said taxes and the cost of foreclosure unless the current market value of the land is less than the outstanding taxes. THE MINIMUM BID IN ANY CASE MAY BE ESTABLISHED BY THE PROPERTY COMMITTEE AT A VALUE NOT TO EXCEED THE CURRENT MARKET VALUE OF SAID PROPERTY AS DETERMINED BY THE ASSESSOR.

F. FOR THE SALE OF PROPERTY, the highest bid for each parcel of land shall be submitted to a Town meeting for acceptance of rejection.

G. FOR EXCHANGE OR TRANSFER OF DEED OF SAID PROPERTY, EACH PARCEL OF LAND SHALL BE SUBMITTED TO A TOWN MEETING FOR ACCEPTANCE OR REJECTION.

H. (Originally G.) The transfer of /said property shall occur by execution of a Quit Claim Deed by the Board of Selectmen.

6. No Change

7. No Change

The amendments shall take effect fifteen (15) days after publication in accordance with State Statutes.

Passed at Town Meeting November 30, 1992

Published April 29, 1993

AN ORDINANCE ESTABLISHING SET AND COST BASED FEES FOR LAND USE APPLICATIONS

BE IT KNOWN that on May 21, 1993, the Town Meeting of the Town of Canterbury did adopt an ordinance entitled "An Ordinance Establishing Set and Cost Based Fees for Land Use Applications", which repealed and replaced in entirety an ordinance entitled "Land Use Fee Schedule Ordinance" which was adopted May 17, 1991 and published on May 24, 1991.

BE IT ORDAINED THAT

Section 1: Authorization and Purposes

1.1 To establish a schedule of fees, pursuant to Section 8-lc of the Connecticut General Statutes, to fund the actual municipal administrative costs of reviewing, evaluating, deciding and processing land use applications.

1.2 To establish a schedule of fees for land use applications, some of which are for direct and indirect municipal expenses in engineering and planning review of land use applications and which calculates these expenses separately and individually for each land use application.

1.3 To establish a reasonable and equitable schedule of fees for reviewing, evaluating and processing all applications to the Planning and Zoning Commission, the Zoning Board of Appeals, including, but not limited to the following: altering or amending zones and zoning regulations; special permits and exceptions; site plans; administrative reviews; permits to conduct regulated activities in wetlands pursuant to Section 22a-42 of the Connecticut General Statutes; declaratory judgments; applications to designate of re-designate wetlands; subdivision or re-subdivision; variance; certificate of appropriateness or certificate or approval of location pursuant to Section 14-67 or Section 14-321 of the Connecticut General Statutes, or application for amendment or revision to any of the above.

Section 2: Costs

2.1 Engineering costs include all work and expenses of the Town of Canterbury which go into the review, evaluation and processing of an application and/or the site or activity which is the subject of the application, including all functions performed in connection with or association with a land use application by an engineer or engineers, planner of planners, of any specialty, license, expertise or trade hired by, working for, associated with, consulted by, contracted with, or otherwise engaged by the Town of Canterbury.

Section 3: Fees Charged for Land Use Applications

3.1 Land use applicants shall pay the fees set forth on the schedule attached to this ordinance, which schedule is incorporated into this ordinance in this paragraph 3.1. Where there is a conflict in interpretation between the schedule and the text of this ordinance, the text of this ordinance shall prevail.

3.2 Where the schedule references that engineering inspection, review, supervision, of actual site and neighboring conditions, or of plans, or a combination of these engineering objects, land use applicants shall pay the engineering costs attributable to a land use application to the extent stated in the schedule.

3.3 In addition to the fees and costs incurred by applicants under this ordinance, the applicant shall also pay the following actual municipal costs of land use application: Expenses for advertising or re-advertising public hearings and publishing decisions, and any other fees established by local ordinance.

Section 4: Time of Payment of Fees and Deposits

4.1 Land use applications shall be accompanied by the fee stated in the schedule, and where applicable a deposit in an amount determined by the commission to which the application is submitted and based upon the anticipated engineering and planning costs for the application. The commission to which the application is made may require additional deposits during the course of the proceedings.

4.2 The land use application deposit shall be held in the name of the applicant by the Town of Canterbury and applied to the engineering costs from time to time. Where the costs exceed the deposit, the applicant shall upon demand of the appropriate commission and/or its designated agent(s) immediately remit the balance to the Town of Canterbury; where the deposit exceeds the amount of the engineering costs, the remaining amount of the deposit after engineering costs shall be remitted to the applicant.

Section 5: Validity

5.1 If any Section, Subsection clause or phrase of this Ordinance is, for any reason found to be invalid by a Court of competent jurisdiction, such decision shall not effect the validity of the remaining portions or this Ordinance.

5.2 This Ordinance shall become effective immediately after being posted and published according to law.

Canterbury Planning & Zoning Commission

LAND USE FEE SCHEDULE

(Application, Third Party Review, Inspection & Supervision, and Notification Costs)

I. STATE OF CONNECTICUT APPLICATION FEES:

A. Public Act 92-235: Any and all applications submitted to the Planning & Zoning Commission or the Zoning Enforcement Official for approval, requires the Town to collect a $10.00 fee on behalf of the State of Connecticut $10.00

NOTE: ALL ITEMS BELOW MARKED WITH (1) ARE SUBJECT TO THIS FEE.

II. DAY-TO-DAY PERMITS:

A. Standard Zoning Permit (Including Final Inspection for C.O.(ZEO)

1. Small Accessory Buildings........................................................................................ $5.00

2. Garages, Carriage Sheds, Additions......................................................................... $10.00

3. New Residences......................................................... $25.00

B. Regulations

Zoning/Subdivision/Plan of Development (Town Clerk) .............................................. $10.00

III. SPECIAL EXCEPTIONS (Commercial Projects)

A. Special Exception & Site Plan Review

1. Minor up to 3,000 square feet *........................................................................ $75.00(1)

2. Moderate 3,000 to 8,000 square feet *............................................................ $150.00(1)

3. Major 8,001 square feet and up *.................................................................... $300.00(1)

4. Engineering review/supervision (Not to exceed 2% of the total

cost of project structures).................................................................................. AT COST

* Area to be based on all new area created or disturbed for proposed action including all buildings or structures, accessory structures, and all paved or impervious surfaces.

B. Site Plan Review Only

Move, Expand, Enlarge of Existing Business or Prior Special Exceptions:

1. Up to 5,000 square feet .................................................................................... $75.00(1)

2. Greater than 5,000 square feet ........................................................................ $150.00(1)

3. Engineering review/supervision (Not to exceed 1.5% of the total

cost of project structure(s).............................................................................. AT COST

IV. SUBDIVISION/RESUBDIVISION (Planning & Zoning Commission)

A. Filing Fee (1)

$50.00/Lot for each new lot proposed or created ......................................................... $50/Lot

B. Engineering Review of Plans (Pre-Construction)

At cost to applicant/developer (Not to exceed $0.50/Linear foot of

any future Town Road)............................................................................................. AT COST

C. Inspection and Supervision of Public Improvements During Construction and Maintenance

At cost to applicant/developer (Not to exceed 2.5% of the total

cost of all public improvements)................................................................................. AT COST

V. CHANGES AND/OR AMENDMENTS OF REGULATIONS OR MAPS

A. Application for Change in Zoning Regulations

Text or Map .......................................................................................................... $200.00(1)

B. Application for Change in Subdivision Regulations ...................................................... $200.00(1)

VI. GENERAL CONDITIONS

A. Method & Timing of Payment

All Application fee required by this ordinance shall be submitted to the agency by certified check or money order payable to the Town of Canterbury at the time the application is filed with the Agency.

Any engineering review costs are to be paid in full as soon as applicant's cost estimates are approved.

Engineering inspection and supervision costs for any project approval by the Commission are to be paid to date by the applicant prior to release of all or any portion of a posted bond.

B. Exemption

Boards, Commissions, Councils, and Departments of the Town of Canterbury are exempt from all fee requirements.

C. Application fees are not refundable. Engineering review, Inspection and Supervision costs may be refundable if original estimates were high. Neither fees nor costs are transferable.

D. Public Improvements

For the purpose of this ordinance, includes, but is not limited to the construction of new roads, curbing sidewalks and street lighting, improvements to existing roads, storm drainage facilities, water, and sewer lines, the setting aside of open space and recreation areas, planting of trees or other landscaping, the installation of retaining walls or other structures and erosion and sedimentation controls.

E. Public Notification

The cost of all legally required public notifications are the sole responsibility of the applicant and will be charged directly to the applicant by the newspaper utilized.

CANTERBURY INLAND WETLAND COMMISSION WETLAND FEE SCHEDULE

(Applications, Third-Party Reviews, and Publication Costs)

I. STATE FEE

The State of Connecticut requires a $10.00 fee with every application submitted to the Inland Wetlands Commission.................................................................................................................................... $10.00

NOTE; ALL ITEMS BELOW MARKED WITH (1) ARE SUBJECT TO THIS FEE.

II. DECLARATORY RULINGS

A. Jurisdictional Determinations ................................................................................. $25.00(1)

B. Commission's Determination of Adequate Separation Distances

(Project to Wetlands) ............................................................................................ $25.00(1)

C. Commission's Determination of Permitted Uses of Right .................................. NO CHARGE

D. Commission's Determination of Non-regulated Uses ....................................... NO CHARGE

III. REGULATED USES

A. Residential:

1. Single Non-Subdivision Residential Lot - Any Activity including

driveway crossing.............................................................................................. $50.00(1)

2. Subdivision/Re-subdivision with Inland Wetlands based on

number of lots (1)---- (Per Lot Fee) ................................................................... $35.00(1)

3. If proposal is determined to be a significant activity, add ......................................... $250.00

B. Commercial Projects and Ponds:

1. All special exception, site plan reviews, and gravel

mining permit applications ................................................................................ $250.00(1)

2. Ponds

a. Farm ponds of three (3) acres or less essential to

a farming operation............................................................................... NO CHARGE

b. All other ponds ............................................................................................. $50.00(1)

c. Any pond (I/a or I/b), dam, or impoundment which requires

engineering review of plans or inspections and/or

supervision by the Town Engineer during construction

shall be at the sole expense of the applicant................................................. AT COST*

3. If proposal is determined to be a significant activity, add.......................................... $250.00

4. Engineering reviews of project plans by the Municipal

Engineer of both subdivisions and commercial projects during Inland Wetlands Commission's review, shall be at

cost to the applicant........................................................................................ AT COST*

5. Municipal Engineer inspection and supervision of project

during construction and maintenance of project - if

required, (at discretion of Commission) ........................................................... AT COST*

* ITEMS AT COST TO THE APPLICANT:

At cost items are not to exceed 2% of the total cost of 1) All public improvements, work or structures constructed directly on, over, beneath or within Wetlands or watercourses and or 2) Any and all structures or work designed and built specifically to protect Wetlands or watercourses.

IV. MODIFICATION OR ALTERATION OF PREVIOUS APPROVAL INCLUDING EXTENDING TIMEFRAME

A. Minor Projects ................................................................................................. $25.00(1)

B. Significant Activities ....................................................................................... $100.00(1)

V. PROPOSED CHANGES, MODIFICATIONS, OR AMENDMENTS TO THE CANTERBURY INLAND WETLANDS & WATERCOURSES REGULATIONS OR OFFICIAL MAP.......... $200.00(1)

VI. GENERAL CONDITIONS

A. Application fees are not refundable. Engineering review, Inspection and Supervision costs may be refundable if original estimates are high. Neither fees nor costs are transferable.

B. PUBLIC NOTIFICATIONS: The cost of all legally required public notifications are the sole responsibility of the applicant and will be charged directly to the applicant by the newspaper utilized.

C. METHOD OF PAYMENT: All fees required by this ordinance shall be submitted to the Agency by certified check or money order payable to the Town of Canterbury at the time the application is filed with the Agency.

NOTE: The State of Connecticut requires a $10.00 fee with every application submitted to the Inland Wetlands Commission.

D. TIME OF PAYMENT: All Application Fees must be paid in full at the time of application submission in order to be accepted as complete for review by the Commission. The fees for Significant Activities are to be paid at the time this determination is made by the Commission. All Engineering Review Costs are to be paid in full as soon as the applicant's cost estimates are approved (#111.B.4). All engineering, inspection, and supervision costs are to be paid to date by the applicant prior to the release of all or any portion of a posted bond (#111.B.5).

E. EXEMPTION: Boards, Commissions, Councils, and Departments of the Town of Canterbury are exempt from all fee requirements.

This ordinance shall take effect fifteen (15) days after publication in accordance with State Statutes.

Passed at Town Meeting May 21, 1993

Published June 2, 1993

MODIFICATION OF THE CANTERBURY DRIVEWAY ORDINANCE

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

Proposed addition to Section 4 Procedures: The following new subsection 3 (The current subsection 3 will be numbered as subsection 4).

Section 4

Subsection 3

In the event the driveway and apron are not completed prior to a request for a certificate of occupancy, the Board of Selectmen shall accept a cash bond (or other security acceptable to the Board) in such amount as is determined by the Road Foreman to be sufficient to insure the proper completion of the apron and driveway. Upon the posting of the required bond or security, the Board may issue final driveway approval toward the issuance of a certificate of occupancy.

This Modification shall take effect fifteen (15) days after publication in accordance with State Statutes.

Passed at Town Meeting June 15, 1993

Published June 22, 1993

AN ORDINANCE ON FILLING VACANCIES IN ALTERNATE TERMS ON THE PLANNING AND ZONING COMMISSION

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

Section 1.

This Ordinance is enacted pursuant to Sections 8-lb and 8-19a of the General Statutes, and amends an ordinance passed at town meeting December 20, 1985, by adding the following Subsection 4:

INSERT:

In the event of any alternate member of the Planning and Zoning Commission leaving the Commission, the Board of Selectmen shall appoint his or her successor to fill the un-expired portion of the term to which the alternate member had been elected.

Section 2.

This Ordinance shall be come effective fifteen (15) day after publication in accordance with the General Statutes, but shall be applied retroactively to include the Board of Selectmen's appointment made November 15, 1994.

Passed at Town Meeting May 19, 1995

Published May 25, 1995

AN ORDINANCE REGARDING ATTENDANCE AT MEETINGS OF APPOINTED BOARDS AND COMMISSIONS

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

The electors and those qualified to vote at town meeting in the Town of Canterbury, believing it essential to the operation of local boards and commissions that those appointed to serve thereon give heed to their sworn duty of fulfilling their legal obligations as members of those boards or commissions, and having found that absenteeism from meetings of certain boards and commissions is an ongoing and serious problem do hereby ordain:

1. All appointed boards and commissions (including, but not limited to, the Recreation Commission, the Inland Wetlands Commission, the Commission on the Needs of the Aging, the Kinne Preservation Commission, and the Economic Development Commission) shall henceforth keep records of attendance at meetings by all members of such boards or commissions.

2. When it appears to the Board of Selectman that any member of any such board or commission has failed to attend three consecutive meetings thereof, or fewer than one-half of the regular meetings of such board of commission within one year, the Selectmen may deem that member to have resigned his or her appointment and that a vacancy exists which the Selectmen may thereupon fill.

3. While the Selectmen may take into account extenuating circumstances such as illness of an absent member in refraining from declaring a vacancy, they shall be guided by the best interests of the Town and shall not be required to find the absence of reasonable excuse for non-attendance before proceeding to fill the vacancy created thereby.

4. This Ordinance shall take effect fifteen (15) days from publications of notice of its passage.

Passed at Town Meeting May 19, 1995

Published May 25, 1995

AN ORDINANCE ON FINANCIAL POLICY


BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

Section 1. PURPOSE:

The purpose of this ordinance is to establish standard policies for the receipt of revenues and expenditures of funds made on behalf of the Town of Canterbury by any town employee, officer, official, or member of any town board, commission or agency.

Section 2. DEFINITIONS:

A. Member of any Board, Commission or Agency - The words "member of any board, commission or agency" shall mean each and every person appointed, elected or hired to any authority, board, commission, or agency whether autonomous or not, of the Town of Canterbury.

B. Officers and Officials - The words "officers and officials" shall mean each and every person elected or appointed to municipal service.

C. Town Employee - The words "town employee" shall mean each and every person employed full-time or part-time by the Town of Canterbury.

D. Receipt of revenues - The acceptance of any monetary, material or services received in lieu of monetary payment by any town employee, officer, official, or member of any town board, commission or agency on behalf of the Town of Canterbury.

E. Expenditure of Funds - The act of paying for an expense on behalf of the Town of Canterbury that requires or involves the spending of money, material or services given in lieu of monetary payment.

F. Purchasing Agent - Any town employee, officer, official or member of any town board, commission or agency making expenditures on behalf of the Town of Canterbury.

Section 3. SCOPE/LIMITATIONS:

A. These standard policies are directly binding upon all town employees, public officers, officials and members of boards, commissions and agencies; and the Board of Finance will review compliance with these standard policies during appropriation of funds and the yearly audit review.

B. Should any section or provision of this ordinance be declared invalid or unconstitutional by the courts, the remainder of the ordinance shall continue to be applied and shall not be considered invalid as a whole.

Section 4. REVENUE RECEIPTS/RECORDS:

A. All revenue received on behalf of the Town of Canterbury by any town employee, officer, official, or member of any town board, commission or agency including checks, cash, contributions and in-kind services shall be recorded in a journal stating date, source, itemized details with amounts, totals and any other relevant information. Journal entries for checks and grants must record the check or the check and grant numbers. A receipt shall be issued by the town employee, officer, official, or member of any town board, commission or agency who receives revenue on behalf of the Town of Canterbury. Electronic wire transfers of funds by the Town Treasurer are exempt from this requirement, however, bank statements showing all bank transfers are required to be kept by the Town Treasurer. Receipts need not be issued for grant or entitlement checks issued by the state or federal government to the Town of Canterbury.

B. Electronic journals are permitted for revenue receipts, however electronic data and hard copy data backups shall be made each day the electronic journal is updated. Daily electronic and hard copy transaction backups may be made in-lieu of complete electronic journal backups if complete weekly electronic journal backups are maintained. Electronic and hard copy backups must be maintained for at least the last two weekly backup cycles. Backups (electronic and hard copy) shall be kept physically separated by a fireproof barrier from the electronic and hard copy journals.

C. All funds received by any town employee, officer, official, or member of any town board, commission or agency on behalf of the Town of Canterbury shall be itemized (from whom, amounts, totals) and turned over to the Town Treasurer in the form they were received for which a receipt shall be given. In-lieu of the Town Treasurer, funds may be given to the Selectman's Secretary with the necessary forms and reconciliation for which the Selectman's Secretary shall issue a receipt. The Selectman's Secretary shall turn over any funds and itemized forms to the Town Treasurer for which the Town Treasurer shall issue a receipt.

D. For all programs involving fees to be turned over to the town, a detailed roster with date, program, names and amount of money received shall be kept and retained by the board or commission involved. All funds received for such programs shall be listed for each program, reconciled and turned over to the Selectman's Secretary for which a receipt shall be issued.

E. All revenue received on behalf of the Town of Canterbury by any town employee, officer, official, or member of any town board, commission or agency including checks and cash shall be deposited to an approved Town of Canterbury bank account in a timely manner upon receipt. The revenue must be deposited in the Town of Canterbury bank account in the same form in which it was received in the name of the Town of Canterbury.


Section 5. EXPENDITURE OF FUNDS/RECORDS:

A. Town employees, officers, officials, or members of any town board, commission or agency authorized to expend funds shall follow these standard policies and bid requirements.

B. All expenditures made on behalf of the Town of Canterbury by any town employee, officer, official, or member of any town board, commission or agency shall be recorded in a journal stating date, to whom paid, address, itemized details with amounts, totals and any other relevant information. Journal entries for checks must record the check number. Electronic wire transfers of funds by the Town Treasurer are exempt from this requirement, however, bank statements showing all bank transfers are required to be kept by the Town Treasurer.

1) Under the modified accrual basis of accounting, an expenditure is recognized when the liability is incurred which means when the goods are received or the services are performed.

2) Original documentation with authorizing signatures shall be kept for a minimum of three years or in accordance with Connecticut General Statutes for audit purposes. Invoices, memos, receipts or other documentation which document these expenditures shall be retained for a minimum of three years.

3) Each item shall have complete information for future reference and the signature of the individual authorized to approve it for payment.

C. Electronic journals are permitted for expenditures, however, electronic data and hard copy data backups shall be made each day the electronic journal is updated. Daily electronic and hard copy transaction backups may be made in-lieu of complete electronic journal backups if complete weekly electronic journal backups are maintained. Electronic and hard copy backups must be maintained for at least the last two weekly backup cycles. Backups (electronic and hard copy) shall be kept physically separated by a fireproof barrier from the electronic and hard copy journals.

D. The Selectman and the Board of Education shall establish lists of names of individuals who are authorized to approve payment of bills for the various commissions and departments under their respective cognizance. These lists shall be provided to the Board of Finance and Town Treasurer for release of funds and for auditing purposes. These lists shall be kept current by the respective boards who shall notify the Town Treasurer and Board of Finance of all changes.

E. No payment or release of funds shall be made without written documentation. The Board of Education and Board of Selectmen shall sign a summary listing of bills to be paid upon approval for payment by the respective boards. If any of the bills on the listing are not approved, it shall be so noted.

F. Checks to be signed by the Selectmen and the Town Treasurer shall be accompanied by an invoice and printout showing the line item number, vendor number, amount and authorized signature.

Section 6. GENERAL LEDGER/REPORTS/AUDITS:

A. The Town Treasurer shall maintain a centralized, sufficiently detailed general ledger which encompasses all funds of the Town. The Board of Education and Board of Selectmen shall be responsible to provide sufficiently detailed information for the Town Treasurer to maintain the centralized general ledger.

B. A print out shall be provided weekly to the Selectmen of budget items under their cognizance, giving line item number, budget amount, additional appropriations and transfers, spent to date and unexpended balance.

C. A budget to actual comparison showing revenues, expenditures and line item balances shall be presented to the Board of Finance on a monthly basis by the Town Treasurer.

D. Whenever there is a change of individuals responsible for documentation and maintenance of financial records, all records shall be signed over to the new individual in writing. A copy of this action shall be provided by the new individual to the Town Treasurer, Town Clerk and Board of Finance.

E. Final accounting adjustments shall be provided to the Treasurer within thirty days after the fiscal year ends.

F. Records and electronic data shall be ready for review by the Town Auditor on or before August 15th of each year.

G. Along with the Town of Canterbury's audited yearly Financial Statements, the Tax Collector will provide a comprehensive list of Real Estate, Personal Property, and Motor Vehicle taxes delinquent over one year.

Section 7. ADDITIONAL APPROPRIATION/LINE ITEM TRANSFER REQUESTS:

A. The budget shall be prepared on a basis consistent with generally accepted accounting principles.

B. Boards and Commissions shall take steps to control or resolve projected budget over runs prior to requesting additional appropriations from the Board of Finance. Requests will be evaluated as to the requesting Board's or Commission's actions taken to control or resolve the spending problem and the request's category. In some cases where the requestor has failed to take appropriate action to control or resolve the spending problems requests may be refused until proper controls have been established or other appropriate action taken.

C. Requestors shall evaluate their requests as one of the following categories:

1) Emergency/Mandatory - Funds are required to continue emergency or essential services which directly affect the Health, Welfare, or Safety of the Town of Canterbury or funds are mandated by the State or Federal Governments.

2) Urgent - Funds which are required to maintain normal services to the Town of Canterbury which the loss of would cause a significant hardship on the majority of those served or serving, but would not result in a hazard affecting Health, Welfare, or Safety.

3) Fiscally Desirable - Funds which would result in a significant savings to the Town if appropriated prior to the next year's budget.

4) Convenience - Funds are for a desirable service or material which loss or delay of would cause only minor hardship on the majority of those served or serving.

5) Routine - Funds are for budget items which have unforeseen expenditures or for new items which were not anticipated during the budget process, neither of which pose a minor hardship to the majority or those served or serving.

D. All requests must be in writing with background information on, 1) How the situation occurred, 2) What else is being done to resolve and prevent re-occurrence of the same problem, and 3) Why funding can not or should not wait until next year's budget.

E. Requestors should be present at the meeting which the Board of Finance initially evaluates the request for additional funds. This will help prevent delays if the Board of Finance has additional questions regarding the request.

F. Requests for Capital Project Funds shall also be sent to the Long Range Capital Planning Committee for information when the request is being sent to the Board of Finance.

G. All additional appropriations or transfer of funds approved or recommended by the Board of Finance including the funding source shall be forwarded to the Town Treasurer by said board.

Section 8. FIXED ASSETS:

A. The Board of Selectmen and Board of Education shall maintain a complete and accurate fixed assets ledger for all assets with an equivalent acquisition value greater than a minimum value set by the Board of Finance.

B. The Board of Selectmen and Board of Education shall include with their proposed yearly budgets a list of equipment/capital asset additions for each budget line item they propose.

C. The Board of Selectmen and Board of Education shall prepare internal control policies and procedures regarding the acquisition and disposition of fixed assets. These internal control policies and procedures shall be provided to the Board of Finance for review and audit purposes.

Section 9. FUNDS/BANK AND PETTY CASH ACCOUNTS:

A. All Town of Canterbury bank and petty cash accounts shall be approved prior to opening by the Board of Finance. A list of existing accounts shall be provided to the Town Treasurer and Board of Finance on June 1st of each year by all Town of Canterbury Boards, Town of Canterbury Commissions, Town of Canterbury Agencies and Town of Canterbury Officials using accounts to receive or expend funds on behalf of the Town of Canterbury.

B. Town of Canterbury petty cash accounts shall not exceed' $200.00 in total at any one time. Town of Canterbury petty cash account records may be computerized for reporting purposes and all electronic and hard copy records shall be available to the Board of Finance and/or Town Treasurer upon request for auditing purposes.

C. Town of Canterbury petty cash accounts shall not expend more than $1000.00 in any one year without Board of Finance prior approval. Approval to exceed this limit by the Board of Finance is only on a single fiscal year basis.

D. At no time shall any Town of Canterbury account be used for both non-public and public funds.

E. Student Activity accounts shall be set up to identify which balances, revenues, and expenditures are related to each student group.

F. All Town of Canterbury payroll including education shall be paid from the General Fund. Payroll directly related to student activities, Dog Warden, etc., shall be paid by the General Fund and then reimbursed from the appropriate fund (i.e. Student Activity Fund, Dog Fund).

Passed at Town Meeting February 27, 1996

Published March 2, 1996

Amended May 17, 1997


ORDINANCE ON BIDDING FOR PURCHASES AND SERVICES

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

1. BIDDING REQUIREMENTS:

A) Any expenditure of funds on behalf of the Town of Canterbury in excess of $1,000.00 shall obtain and record for public record three (3) bids including the name, address, and amount of each bid prior to commencement of the contracted services or purchase of material. Bidding may be exempt in certain situations where used equipment is to be purchased. This will be at the discretion of the Board of Selectmen or Board of Education as applicable. Board of Selectmen or Board of Education, as applicable, may require legal notice in area newspaper in certain situations if it is felt to be in the best interest of the Town.

B) Any expenditure of funds on behalf of the Town of Canterbury in excess of $10,000.00 shall require sealed bids.

C) The lowest bid may not necessarily be the final choice due to time constraints, availability, etc. Where the selected bid is not the lowest bid, reasons for the selection must be recorded and sent with the bids to the Town Clerk for retention as public records.

2. NOTIFICATION/PARTICIPATION:

A) Any town employee, officer, or member of any board, commission or agency who has financial or personal interest in the financial outcome of, or is owner, shareholder, member, partner, officer, employee, or other participant of, or in a private business or professional enterprise that will be affected by the outcome of any financial matter under consideration before them must identify this fact for public record in the minutes of a meeting or with the Town of Canterbury Town Clerk.

B) Notification to bid for expenditures of funds in excess of $10,000.00 must at a minimum be published in a local newspaper/periodical, one with substantial circulation in the Town of Canterbury and surrounding region.

C) Notification to bid should be provided to local contractors if possible where the expertise is known to exist locally for the contracted service or purchase of material.

D) An invitation for bid or other solicitation may be canceled, or any and all bids may be rejected in whole or in part as may be specified in the solicitation, when it is for good cause and in the best interests of the town. The reasons shall be made part of the contract file. Each solicitation issued by the town shall state that the solicitation may be canceled and that any bid may be rejected in whole or in part for good cause when in the best interests of the town. Notice of cancellation shall be sent to all businesses solicited. The notice shall identify the solicitation, explain the reason for cancellation and, where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurements of similar items. Reasons for rejection shall be provided upon request by unsuccessful bidders.

E) No town employee, officer, or member of any board, commission or agency shall be barred from participating in any sealed bid process, and shall be accorded all the rights given to nonmember/employee bidders, including the right to contract with the Town of Canterbury if their bid is selected.

3. SCOPE/LIMITATIONS:

A) These standard policies are directly binding upon all town employees, public officers, officials and members of boards, commissions and agencies; and the Board of Finance will review compliance with these standard policies during appropriation of funds and the yearly audit review.

B) Expenditures of the Town of Canterbury funds which are over $1,000.00 shall adhere to the bidding requirements found in these standard policies.

C) Should any section or provision of this ordinance be declared invalid or unconstitutional by the courts, the remainder of the ordinance shall continue to be applied and shall not be considered invalid as a whole.

4. EXCEPTIONS TO BIDDING REQUIREMENTS:

A) In the event of an emergency or threat of immediate harm to the health, security, or safety of the citizens of the Town of Canterbury, or the immediate threat to Town property, the First Selectman or Chairperson of the Board of Education or their designated alternates shall have the power to contract with any person, and to otherwise arrange with any person for the provision of' such goods and services as they deem necessary for the protection of threatened citizens and property notwithstanding that such contract or arrangement may otherwise constitute a financial conflict of interest.

B) In the event that the purchasing agent does not receive any response, or any acceptable response, to any notice published or sent, the purchasing agent may then proceed to negotiate for the purchase sale of the item or service in question in any appropriate market.

C) A contract may be awarded without competition when the purchasing agent determines in writing, after conducting a good faith review of available sources, that there is only one source for the required supply, service, or construction item. The purchasing agent shall conduct negotiations, as appropriate, as to price delivery, and terms. A record of sole source procurements shall be maintained as a public record and shall list the written purchasing agent's determination, each contractor's name, the amount and type of each contract, a listing of the items(s) procured under each contract, and the identification number of each contract file.

D) Expenditures exempted by law.

E) Expenditures made through State or Federal surplus property agencies.

F) Expenditures made through or administered by the State or Federal Governments.

G) Expenditures made to a monopoly utility.

Passed at Town Meeting February 27, 1996

Published March 2, 1996

Amended May 17, 1997

AN AMENDMENT OF THE ORDINANCE ENTITLED "ORDINANCE CONCERNING THE NUMBER OT JUSTICES OF THE PEACE"

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

1. Pursuant to Section 9-183a(b)&(c) of the General Statutes of 1958, the number of Justices of the Peace in the Town of Canterbury is hereby set at fifteen (15).

2. This ordinance shall take effect fifteen (15) days after publication in accordance with the General Statutes.

Passed at Town Meeting May 17, 1996

Published June 27, 1996

REFERENDUM RE RESTAURANT PERMIT FOR CATERING ESTABLISHMENT

 

Vote result: All Liquor 1043 1043

Restaurant Catering All Liquor 418

Nays 432

Referendum held November 5, 1996

AN ORDINANCE AMENDING THE ORDINANCE OF APRIL 24, 1981 CONCERNING THE METHOD OF ELECTION AND APPOINTMENT OF THE OFFICE OF ASSESSOR

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

Pursuant to the authority conferred by section 9-198 Connecticut General Statutes, an ordinance "Designating a Single Assessor for the Town of Canterbury", adopted April 24, 1981, is hereby amended as follows:

1. The Town of Canterbury shall have a single Assessor, commencing July 1, 1997.

2. The Board of Selectmen of the Town, or a majority of them, shall appoint the Assessor of the Town of Canterbury effective July 1, 1997, to serve at the will of the Board of Selectmen.

3. The duties of the Assessor shall be provided by the General Statutes of the State of Connecticut and the regulations promulgated pursuant thereto.

4. Any person to be appointed to the Office of Assessor must have been certified as a Connecticut Municipal Assessor as provided by Section 12-40a of the Connecticut General Statutes, or have undertaken to establish such certification at the earliest practicable time.

5. The Assessor shall be compensated as determined annually by the budget meeting of the Town of Canterbury.

6. This ordinance shall be effective fifteen (15) days after publication in a legal manner.

Passed at Town Meeting May 16, 1997

Published May 31, 1997

AN AMENDMENT TO THE ORDINANCE ENTITLED "ORDINANCE ON FINANCIAL POLICY"

 

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

Pursuant to the Town Meeting held May 16, 1997 amendments to the ordinance are as follows:

Section 4. Revenue Receipts/Records:

B. Change the word "and" to "or" in the last sentence

C. Delete the words "in the form they were received" in the first sentence.

E. Delete the last sentence "The revenue must be deposited in the Town of Canterbury bank account in the same form in which it was received in the name of the Town of Canterbury."

Section 5. Expenditure of funds/Records:

A. Delete the words "and bid requirements" in the last sentence.

B. Add at the beginning of the paragraph "Expenditures may include encumbrances at fiscal year end." At the end of the paragraph add "An encumbrance is defined as goods or services ordered by June 30th and paid by July 31st with those goods or services received by July 31st with the exception of insurance and maintenance contracts, which may extend beyond July 31st only because it is required that they be paid when invoiced.

C. Change the word "and" to "or" in the first sentence.

Section 6. General Ledger/Reports/Audits:

A. After the word ledger, add "For the General Fund" and delete "which encompasses all funds of the Town" in the first sentence.

F. Change date to "September 15th". Delete August.

G. Delete "over one year". Add "This list will be concurrent with that year's Financial audited statement. (last sentence)

Section 7. Additional Appropriation/Line Item transfer requests:

A. Add to the end of sentence "with the exception of "on-behalf payments" made by the State for retirement payments which are not recognized as revenue or expenditures."

Section 9. Funds/Banks and Petty Cash accounts:

F. Delete entire paragraph and insert "Any fund from which wages are paid should be approved by the Board of Finance."

Passed at Town Meeting May 16, 1997

Published May 31, 1997

AN AMENDMENT TO THE ORDINANCE ENTITLED "ORDINANCE

ON BIDDING FOR PURCHASES AND SERVICES"

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

Pursuant to the Town Meeting held May 16, 1997 amendments to the ordinance are as follows:

4. Exceptions to bidding requirements:

Add two sections

H. Expenditures made to Town Council, Town Engineer and Building Inspector.

I. Expenditures made to employee health insurance and pension benefits.

Passed at Town Meeting May 16, 1997

Published May 31, 1997

AN ORDINANCE AMENDING (REPLACING) AN ORDINANCE INSTITUTING FLOOD PLAIN MANAGEMENT FOR DESIGNATED FLOOD PRONE AREAS ADOPTED SEPTEMBER 30, 1977.

SECTION 1 STATUTORY AUTHORIZATION, FINDING OF FACT, PURPOSE AND OBJECTIVES

1.1 STATUTORY AUTHORIZATION

The Legislature of the State of Connecticut has in Section 8-3(a) of the General Statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Town Meeting of the Town of Canterbury, Connecticut, does ordain as follows:

1.2 FINDING OF FACT

1.2.1 The flood hazard areas of the Town of Canterbury are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

 

1.2.2 These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard area by uses vulnerable to flood or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages.

1.3 STATEMENT OF PURPOSE

It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1.3.1 Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

1.3.2 Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

1.3.3 Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;

1.3.4 Control filling, grading, dredging and other development which may increase erosion or flood damage, and;

1.3.5 Prevent or regulate the construction of flood barriers which may increase flood hazards to other lands.

 

1.4 OBJECTIVES

The objectives of this ordinance are:

1.4.1 to protect human life and health;

1.4.2 to minimize expenditures of public money for costly flood control projects;

1.4.3 to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

1.4.4 to minimize prolonged business interruptions;

1.4.5 to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

1.4.6 to help maintain a stable tax base by providing for the sound use and development of flood prone areas in such manner as to minimize flood blight areas, and;

1.4.7 to insure that potential homebuyers are notified that property is in a flood area.

SECTION 2 DEFINITIONS

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.

"Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction.

"Appeal" means a request for a review of the Building Official's interpretation of any provision of this ordinance or a request for a variance.

"Area of special flood hazard" is the land in the floodplain within a community subject to one percent or greater chance of flooding in any given year.

"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.

"Basement" means that portion of a building having its floor sub-grade (below ground level) on all sides.

"Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

"Building" means any structure built for support, shelter, or enclosure for any occupancy or storage.

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of equipment or materials.

"Elevated building" means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls, or breakaway walls.

"Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the flood plain management regulations adopted by the community.

"Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured home are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1. the overflow of inland water;

2. the unusual and rapid accumulation or runoff of surface waters from any source.

"Flood Boundary and Floodway Map" means an official map of the community on which the Federal Emergency Management Agency depicted both the area of special flood hazard and the floodway.

"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Floor" means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab constriction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

"Functionally dependent facility" means a facility which cannot be used for its intended purpose unless it is located in dose proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities, or other facilities which require large quantities of pass-through cooling water.

"Highest Adjacent Grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

"Historic Structure" means any structure that is:

1. listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary to qualify as a registered historic district;

3. individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

4. individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) by an approved state program as determined by the Secretary of the Interior or

(b) directly by the Secretary of the Interior in states without approved programs.

"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor.

"Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

"Manufactured Home Park or Subdivision" means a parcel, or contiguous parcels, of land divided into two (2) or more manufactured home lots for rent or sale.

"Mean Sea Level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

"New Construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of the initial FIRM and includes any subsequent improvements to such structures. For flood plain management purposes, "new construction" means structures for which the "start" of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures.

"New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

"Recreational Vehicle" means a vehicle which is:

1. built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projections;

3. designed to be self-propelled or permanently towable by a light duty truck; and,

4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Start of Construction" (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition or improvement was within 180 days of the permit date. The actual start means the first placement or permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory building, such as garages or sheds not occupied as dwelling units or not part of the main structure.

"Structure" means a walled and roofed building that is principally above ground, a home, a gas or liquid storage tank.

"Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

"Substantial Improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value (as determined by the cost approach to value) of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement officials and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

"Variance" is a grant of relief from the requirements of this ordinance which permits construction in a manner otherwise prohibited by, this ordinance where specific enforcement would result in unnecessary hardship.

"Water Surface Elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

SECTION 3 GENERAL PROVISIONS

3.1 LANDS TO WHICH THIS ORDINANCE APPLIES

This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the Town of Canterbury.

3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD

The areas of special flood hazard identified by the Federal Emergency Management Agency in its scientific and engineering report entitled the Flood Insurance Study for the Town of Canterbury, Windham County, Connecticut, dated April 16, 1984, with accompanying Flood Insurance Rate Maps and floodway maps is hereby adopted by reference and declared to be part of this ordinance. The Flood Insurance Study is on file at the office of the Canterbury Town Clerk, Canterbury Town Hall, P.O. Box 27, Canterbury, Connecticut, 06331.

3.3 ESTABLISHMENT OF FLOODPLAIN MANAGEMENT ADMINISTRATION

A Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities.

3.4 COMPLIANCE

No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations.

3.5 ABROGATION AND GREATER RESTRICTIONS

This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

3.6 INTERPRETATION

In the interpretation and application of this ordinance all provisions shall be:

1. considered as minimum requirements;

2. liberally construed in favor of the governing body; and,

3. deemed neither to limit nor repeal any other powers granted under state statutes.

3.7 WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increase by manmade or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Town of Canterbury or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.

SECTION 4 ADMINISTRATION

4.1 DESIGNATION OF THE ORDINANCE ADMINISTRATOR

The Building Official is hereby appointed to administer and implement the provisions of this ordinance.

4.2 PERMIT PROCEDURES

Application for a Development Permit shall be made to the Building Official on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:

4.2.1 APPLICATION STAGE

(a) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures (Sections 5.3.1(a));

(b) Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed (section 5.3.1 (b) (2));

(c) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

(d) A statement as to whether or not the proposed alterations to an existing structure meets the criteria of the substantial improvement definition;

(e) A statement as to whether there will be a dry access to the structure during the 100-year storm event. Where applicable the following certifications by a registered engineer or architect are required, and must be provided to the Building Official. The design and methods of construction must be certified to be in accordance with accepted standards of practice;

(f) Non-Residential Flood Proofing must meet the provision of Section 5.3.1(b);

(g) Enclosed Areas Below the Base Flood Elevation, if the minimum design criteria in Section 5.3.2(a) - 5.3.2 (c) is not used, then the design and construction methods must be certified as explained in Section 5.3.2 (a);

(h) No increase in floodway heights may be allowed. Any development in a floodway must meet the provisions of Section 5.3.3;

(i) A fee in the amount of twenty dollars ($20.00) shall be charged for processing.

4.2.2 CONSTRUCTION STAGE

Upon completion of the applicable portion of construction, the applicant shall provide verification to the building Official of the following as applicable:

4.2.3 LOWEST FLOOR ELEVATION

The elevation to be verified for

(a) A structure in a numbered A zone is the top of the lowest floor (including basement) (section 5.3.1 (a));

(b) A structure which has been flood-proofed is the elevation to which the flood proofing is effective (Section 5.3.1 (b)).

4.2.4 DEFICIENCIES

Deficiencies detected by the review of the above listed shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL

4.3.1 DUTIES OF THE BUILDING OFFICIAL shall include, but not be limited to:

(a) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding;

(b) Review all development permits to assure that the permit requirements of this ordinance have been satisfied;

(c) Advise permittee that additional Federal or State permits may be required, and if specific Federal or State permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. Possible required permits include by are not limited to: Coastal Area management Permit, Water Diversion, Dam Safety, and Corps of Engineers 404;

(d) Notify the Council of Governments/Regional Planning Agency and the affected municipality at least 35 days prior to the public hearing if any change of regulation or use of a flood zone will affect an area within 500 feet of another municipality;

(e) Notify adjacent communities and the Department of Environmental Protection, Water Resources Unit, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

(f) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished;

(g) Record the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Section 5.3.1(a);

(h) Record the elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed, in accordance with Section 5.3.1(b);

(i) When flood proofing is utilized for a particular structure the Building Official shall obtain certification from a registered professional engineer or architect, in accordance with Section 5.3.1(b);

(j) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building Official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article;

(k) When base flood elevation data or floodway data have not been provided, then the Building Inspector shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source in order to administer the provisions of Section 5, and;

(l) All records pertaining to the provisions of this ordinance shall be maintained in the office of the Building Official.

SECTION 5 PROVISIONS FOR FLOOD HAZARD REDUCTION

5.1 GENERAL STANDARDS

In all areas of special flood hazard the following provisions are required:

5.1.1 New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;

5.1.2 New construction and substantial improvements shall be constructed with materials resistant to flood damage;

5.1.3 New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage;

5.1.4 Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

5.1.5 New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

5.1.6 New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the system into floodwaters;

5.1.7 On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

5.1.8 MANUFACTURED (Mobile) HOMES

All manufactured homes to be placed or substantially improved shall be installed using methods and practices which minimize flood damage. They shall also be elevated and. anchored to resist flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties.

 

5.1.9 RECREATION VEHICLES

Recreational vehicles shall meet the following requirements, either

1. be on the site for fewer than 180 consecutive days;

2. be fully licensed and ready for highway use; or,

3. meet the permit requirements of manufactured homes regarding elevation and anchoring.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

5.1.10 In any portion of a watercourse which is altered or relocated the flood carrying capacity shall be maintained; and,

5.1.11 A structure already in compliance with the provisions of this ordinance shall not be made non-compliant by any alteration, repair, reconstruction or improvement to the structure.

5.2 STANDARD FOR STREAM WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODING

Obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to Section 4.3.1 (k) of this ordinance, as criteria for requiring that new construction, substantial improvement, or other development in Zone A on the community's FIRM meet the standards in Section 5.3 and Section 6.

5.2.1 In A Zones where base flood elevations have been determined, but before a floodway is designated, require that no new construction, substantial improvement, or other development (including fill) be permitted which will increase base flood elevations more than one (1) foot at any point along the watercourse when all anticipated development is considered cumulatively with the proposed development.

5.2.2 Should data be requested and/or provided, adopt a regulatory floodway based on the principal that the floodway must be able to convey the waters of the base flood without increasing the water surface elevation more than one (1) foot at any point along the watercourse.

5.3 SPECIFIC STANDARDS

 

5.3.1 In all areas of special flood hazard A1-30, where base flood elevation data has been

provided, as set forth in 3.2 or 4.3.1 (k), the following provisions are required:

(a) Residential Construction: New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least to one (1) foot above the base flood elevation.

(b) Non-Residential Construction:

(1) New constructions or substantial improvement of any commercial, industrial, or non-residential structure located in Zones A1-30, shall have the lowest floor, including basement, elevated at least to one (1) foot above the level of the base flood elevation; or

(2) Non-residential structures located in all A-zones may be flood-proofed in lieu of being elevated provided that together with all attendant utilities and sanitary facilities the area of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, and use structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with acceptable standards of practice for meeting the provision of this subsection. Such certification shall be provided to the Building Official as set forth in Section 4.2.1(f).

(c) Manufactured (Mobile) Homes

Manufactured (mobile) homes that are placed or substantially improved within Zones A1-30, AH and AE on sites

(1) outside of a manufactured home park or subdivision;

(2) in a new manufactured home park or subdivision;

(3) in an expansion to an existing manufactured home park or subdivision; or

(4) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, and AE that are not subject to the provisions of the paragraph above shall be elevated so that either

(1) the lowest floor of the manufactured home is at or above the base flood elevation, or

(2) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

5.1.2 ELEVATED BUILDINGS

New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

(a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet. the following minimum criteria:

(1) provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(2) the bottom of all openings shall be no higher than one foot above grade, and;

(3) openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

(b) Electrical, plumbing, and other utility connections are prohibited below the base flood elevation.

5.3.3 FLOOD WAYS

Floodways located within areas of special flood hazard are areas designated as floodways on the community's Flood Boundary and Floodway Map or as may have been determined in Section 4.3.1(k). since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and has erosion potential, the following provision shall apply:

Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any (0.00) increase in flood levels during occurrence of the base flood discharge.

SECTION 6. STANDARDS FOR SUBDIVISION PROPOSALS

In all special flood hazard areas the following requirements shall apply:

6.1 All subdivision proposals shall be consistent with the need to minimize flood damage;

6.2 All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

6.3 All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and;

6.4 In Zone A base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which are five acres or fifty lots, whichever occurs first.

SECTION 7 VARIANCE PROCEDURES

7.1 INLAND WETLANDS AND WATERCOURSES COMMISSION

The Inland Wetlands and Watercourses Commission as established by the Town of Canterbury shall hear and decide appeals and requires for variances from the requirements of this ordinance.

7.2 The Inland Wetlands and Watercourses Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the enforcement or administration of this ordinance.

7.3 Any person aggrieved by the decision of the Inland Wetlands and Watercourses Commission or any person owning land which abuts or is within a radius of one hundred (100) feet of the land in question may appeal within 15 days after such decision to the State Superior Court as provided in Section 8-8 of the Connecticut General Statutes.

7.4 SPECIFIC SITUATION VARIANCES

7.4.1 BUILDINGS ON AN HISTORIC REGISTER

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that (i) the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and (ii) the variance is the minimum necessary to preserve the historic character and design of the structure.

7.4.2 PRE-EXISTING, SMALL LOT LOCATION

Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with Section 7.5.3 (a) - 7.5.3 (d).

7.4.3 FUNCTIONALLY DEPENDENT USES

Variances may be issued for new construction and substantial improvement and other development necessary for the conduct of a functionally dependent use provided the structure or other development is protected by methods that minimize flood damage, create no additional threat to public safety and meet the requirements of Section 7.5.3(a) - 7.5.3(d).

7.4.4 FLOODWAY PROHIBITION

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

7.5 CONSIDERATIONS FOR GRANTING OF VARIANCES

7.5.1 In passing upon such applications, the Inland Wetlands and Watercourses Commission shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and:

(a) The danger that materials may be swept onto other lands to the injury of others;

(b) The danger to life and property due to flooding or erosion damage;

(c) The susceptibility of the proposed facility and its contents to food damage and the effect of such damage on the individual owner,

(d) The importance of the services provided by the proposed facility to the community;

(e) The necessity of the facility to waterfront location, in the case of a functionally dependent facility;

(f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(g) The compatibility of the proposed use with existing and anticipated development;

(h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(j) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, and the effects of wave action, if applicable, expected at the site, and;

(k) The cost of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

7.5.2 Upon consideration of the factors listed above, and the purposes of the ordinance, the Inland Wetlands and Watercourses Commission shall attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.

7.5.3 CONDITIONS FOR VARIANCES

(a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

(b) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, case fraud or a victimization of the public, or conflict with existing local laws or ordinances.

(c) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation up to amounts as high as $25 for $100 of insurance coverage.

(d) The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

7.6 PENALTIES FOR VIOLATION

Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $250.00 per day if proven done willfully and $100.00 per day if not, or imprisoned for not more than 10 days for each day of violation, or both, and in addition, shall pay all costs and reasonable legal fees involved in the case. Nothing herein contained shall prevent the Town of Canterbury from taking such other lawful action as is necessary to prevent or remedy any violation.

SECTION 8 VALIDITY

8.1 If a Section, subsection, clause or phrase of this ordinance be declared invalid or unconstitutional by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

8.2 This ordinance shall become effective 15 days after publication, as provided by law.

Passed at Town Meeting February 26, 1998

Published February 28, 1998

AN AMENDMENT TO "AN ORDINANCE ESTABLISHING AN INLAND-WETLANDS COMMISSION FOR THE TOWN OF CANTERBURY"

The town ordinance adopted November 30, 1973, is hereby amended as follows:

1. The present name of Inland-Wetlands Commission shall be changed to "Inland-Wetlands and Watercourses Commission".

2. The amendment to this ordinance shall be effective fifteen days after publication in accordance with the law.

Passed at Town Meeting February 26, 1998

Published February 28, 1998

AN ORDINANCE AMENDING (REPLACING) AN ORDINANCE ENTITLED

"AN ORDINANCE ESTABLISHING FEES FOR BUILDING PERMITS"

ADOPTED JULY 22, 1981.

AN ORDINANCE ESTABLISHING FEES FOR BUILDING PERMITS

The fee for a building permit in the Town of Canterbury shall he computed as follows and shall be paid to the Town of Canterbury:

The Building Official is authorized to charge and collect on behalf of said Town, a building permit fee in the sum of five ($5.00) dollars per thousand in value, as determined by said Building Official, of any building, any addition thereto, or any alteration of the same, constructed or erected in the Town of Canterbury, with a minimum permit fee in the sum of five ($5.00) dollars, and a maximum permit fee in the sum of five thousand ($5,000.00) dollars.

For the purpose of determining fees under this ordinance "cost'' shall be as reasonably determined by the Building Inspector.

The fee for certain classes of permits shall be as follows:

1. For the installation of permanent signs, the sum of fifteen ($15.00) dollars.

2. For demolition permits, by owner or contractor, the sum of fifteen ($15.00) dollars.

3. For local municipal construction, fees shall be waived.

4. There shall be no permit fee for the construction of any building totaling less than 100 square feet.

The penalty for violating any provision hereof or for failing to obtain a permit as required hereby shall be as established by the statutes of the State of Connecticut or by .any code of regulations adopted in accordance therewith.

Upon adoption of this ordinance, the ordinance establishing fees for building permits adopted by the Town of Canterbury on May 21, 1971, and amended on July 22, 1981, shall be rescinded.

This ordinance shall be effective fifteen (15) days after publication in accordance with the law.

Passed at Town Meeting 11/20/98

Published 11/25/98

AN ORDINANCE TO ESTABLISH A CANTERBURY PUBLIC LIBRARY AND

BOARD OF DIRECTORS

The Public Library of the Town of Canterbury is designated, pursuant to Section 11-20 and 21 of Connecticut General Statutes, as the Canterbury Public Library.

The Board of Directors of the Town of Canterbury shall consist of nine (9) members who shall be appointed by the Board of Selectmen for the term ending on the first Tuesday of November 1999.

At the biennial Town election to be held on the first Tuesday of November, 1999, three (3) members of the Canterbury Library Board of Directors shall be elected for a term of two (2) years, three (3) members shall be elected for a term of four (4) years, and three (3) members shall be elected for a term of six (6) years. Thereafter, as the term of each member of the Board of Directors expires, the successor or successors shall he elected at the biennial election of the Town of Canterbury to serve for a term of six (6) years.

This ordinance shall take effect fifteen (15) days after publication in accordance with the law.

Passed at Town Meeting 11/20/98

Published 11/25/98

AN ORDINANCE ENTITLED "INLAND WETLANDS & WATERCOURSES FEE SCHEDULE"

Inland Wetlands & Watercourses Fee Schedule

STATE FEE................................................................................................................. $10.00

(Applies to all applications)

Declaratory Ruling = YES............................................ NO CHARGE (transaction completed)

REGULATED ACTIVITIES

RESIDENTIAL......................................................................................................... $50.00+

($35.00 per lot if subdivision)

COMMERCIAL........................................................................................................ $250.00

ALL OTHER............................................................................................................. $100.00

DISTURBED AREA IN WETLANDS

LESS THAN 500 sf..................................................................................................... $10.00

MORE THAN 500 sf but LESS THAN 5,000 sf........................ Area - 500 sf x 3plus $10.00

100

MORE THAN 5,000 sf........................................................ Area - 5,000 sf x 6 plus $145.00

100

SIGNIFICANT ACTIVITY FEE .............................................................................. $250.00

(Consult Significant Impact Activity Checklist) If applicant has paid this fee, and then it is determined not to be a Significant Activity, applicant receives refund.

PONDS:

Farm ponds of three (3) acres or less, essential to a farming operation............. NO CHARGE

All other ponds ......................................................................................................... $50.00

Any pond, dam, or impoundment which requires engineering review of plans or inspections and/or supervision by the town engineer during construction, shall be at the sole expense of the applicant . AT COST

The fees for applicants who commence a regulated activity without a permit shall be 200% of the indicated fees (except the State Fee which will remain $10.00). Waiver requests for this increased fee will be considered as per Section 19.7 of the Canterbury Inland Wetlands & Watercourses regulations.

Engineering Reviews:

A. Engineering reviews of project plans by the Municipal Engineer of both subdivisions and commercial projects during Inland Wetlands Commission's review shall be at cost to the applicant........................ At Cost

B. Municipal Engineer inspection and supervision of project during construction and maintenance of project, if required (at discretion of commission), shall be at cost to the applicant.......................................... At Cost

Miscellaneous Fees:

Modifications subject to unanimous approval including extending timeframe:

A. Minor projects........................................................................................................... $25.00

B. Significant Projects .................................................................................................. $100.00

Proposed changes, modifications, or amendments to the Canterbury

Inland Wetlands & Watercourses regulations or official map .......................................... $200.00

General Conditions

A. Application fees are not refundable. Engineering review, inspection, and supervision will be at cost to the applicant. Neither fees nor costs are transferable.

B. Public Notifications: The cost of all legally required public notifications are the sole responsibility of the applicant and will be charged directly to the applicant by the newspaper utilized.

C. Method of Payment: All fees required by the ordinance shall be submitted to the Agency by certified check or money order payable to: Town of Canterbury. These fees are due at the time the application is filed with the Agency.

D. Time of Payment: All Application Fees must be paid in full at the time of application submission in order to be accepted as 'complete' for review by the Commission. The fees for Significant Activities are to be paid at the time this determination is made by the Commission. All Engineering Review Costs are to be paid in full as soon as the applicant's costs are known and the applicant notified. All engineering, inspection, and supervision costs are to be paid to the town prior to the release of all or any portion of a posted bond (Sections #13.1. & 13.2).

E. Exemption: Boards, Commissions, Councils, and Departments of the Town of Canterbury are exempt from all fee requirements.

THIS ORDINANCE SHALL BE EFFECTIVE FIFTEEN (15) DAYS AFTER PUBLICATION IN ACCORDANCE WITH THE LAW.

Passed at Town Meeting 11/20/98

Published 11/25/98

RESOLUTION AUTHORIZING THE TOWN OF CANTERBURY TO WITHDRAW FROM THE REGIONAL TRANSIT DISTRICT FOR THE NORTHEASTERN CONNECTICUT REGION

WHEREAS, the Town of Canterbury has determined that the Regional Transit District has not been effective for the Town of Canterbury and

WHEREAS, Connecticut General State Statutes 273b(f) provides for the withdrawal from the Northeastern Regional Transit District, and

NOW, THEREFORE, BE IT RESOLVED, that the Town of Canterbury does hereby vote withdrawal by the Town of Canterbury from the Northeastern Connecticut Transit District, all in accordance with the provisions of 273b(f) of the Connecticut General Statutes.

Passed at Town Meeting 5/21/99

RESOLUTION AUTHORIZING THE TOWN OF CANTERBURY TO WITHDRAW FROM THE NORTHEASTERN CONNECTICUT

REGIONAL RESOURCE RECOVERY AUTHORITY

WHEREAS, the Town of Canterbury has determined that the Northeastern Connecticut Regional Resource Recovery Authority has been terminated effective June 30, 1999 and

WHEREAS, Connecticut General State Statutes Section 7-273aa provides for the withdrawal from the Northeastern Connecticut Regional Resource Recovery Authority, and

NOW, THEREFORE, BE IT RESOLVED, that the Town of Canterbury does hereby vote withdrawal by the Town of Canterbury from the Northeastern Connecticut Regional Resource Recovery Authority, all in accordance with the provisions of Section 7-273aa of the Connecticut General Statutes.

Passed at Town Meeting 11/23/99

AN ORDINANCE TO WAIVE UNDER $2.00 PROPERTY TAX

An ordinance adopting for the Town of Canterbury the provisions Section 12-144c of the Connecticut General Statues relating to Taxation.

Section 1. The provisions of Section 12-144c "Property tax under five dollars Optional Waiver" is hereby adopted.

Section 2. The Town of Canterbury, upon recommendation from the Board of Selectmen recommends any tax bill under $2.00 will be waived.

Section 3. This ordinance shall take effect fifteen (15) days after publication in accordance with Section 7-157 of the General Statutes.

Passed at Town Meeting 11/23/99

Published December 1, 1999

AN ORDINANCE TO WAIVE PROPERTY TAX EXCESS PAYMENTS UNDER $2.00

An ordinance adopting for the Town of Canterbury the provisions Section 12-129 of Connecticut General Statutes relating to Taxation.

Section 1. The provisions of Section 12-129 "Refund of excess payments" is hereby adopted.

Section 2. The Town of Canterbury, upon recommendation from the Board of Selectmen, recommends any tax bill excess payment under $2.00 will he waived.

Section 3. This ordinance shall take effect fifteen (15) days after publication in accordance with Section 7-157 of the General Statutes.

Passed at Town Meeting 11/23/99

Published December 1, 1999

DRIVEWAY ORDINANCE

SECTION 1. Definitions:

Applicant: The term applicant refers to the person proposing a driveway.

Bonds: All bonds shall be in the form of cash within a bank savings account authorizing the Town of Canterbury Treasurer to withdraw funds from said account in the event of applicant's failure to complete a driveway pursuant to these standards.

Business/commercial- The retail sales of goods and services.

Commission: The planning and Zoning Commission or their authorized representative.

Driveway: An access onto or egress from a street.

Inclement Weather: A weather condition during which it is not possible to install bituminous concrete due to precipitation and/or temperature between the tune period of November 15 to April 1.

Industrial: The storage, manufacturing and processing of goods, wholesaling and related storage, research laboratories, general office space, printing and publishing establishments and bulk storage of cement and petroleum products.

New Driveway: An access onto or an egress from a street which driveway was not in existence on or before the adoption date of this ordinance, or an existing access or an existing egress from a street, where the use of that driveway has changed.

Person: Includes Corporations, Partnerships, Firms, Associations and any other entity.

Residential Dwelling Unit: A structure or portion thereof containing complete housekeeping facilities.

Road Standards: shall mean the standards and specifications set forth in the Public Improvement Specifications adopted by the Town of Canterbury on 5/15/98 and as amended. The Public Improvement Specifications shall become part of this ordinance.

Street/road: any town maintained way constructed for and dedicated to movement of vehicles and pedestrians. The word shall not include private driveways and right of ways. Must be on the state-approved list of improved and unimproved roads.

Town: Town of Canterbury, acting through its' Board of Selectmen or designed agent

Turnaround: A portion of the driveway to facilitate the turning of vehicles to eliminate the backing of vehicles into street/road.

SECTION 2

Purpose: It is the declared purpose of this ordinance to regulate driveways for the purpose of providing safe and structurally adequate access onto streets.

SECTION 3. Procedure:

1. No person shall construct a new driveway or relocate an existing driveway, leading onto a street/road without first obtaining a written permit from the town of Canterbury.

2. No building permits) shall be issued until the applicant has applied for and received a driveway construction permit.

3. Construction may start only after issuance of the driveway construction permit. The Town must be notified two (2) working days in advance of each of four phases of construction: the start of construction; finishing the sub-grade; finishing the base; and surfacing. The Town shall inspect the work at each phase.

4. The Town will issue final approval of the driveway when all work is completed in accordance with the standards as verified by the inspections.

5. No Certificate of occupancy shall be issued until the Town issues its final approval of the driveway.

6. Applications shall be made to the town on forms provided by the Town. A plan showing proposed dimensions, location of driveway and lot boundaries and a fee of twenty-five ($25) dollars are required. The applicant will be issued' a driveway construction Permit only if all required standards are met and cash bond has been posted. Construction must be completed within one year from the date of permit.

7. The cash bond value shall be determined by the Town, equal to the estimated value of permitted project, to be completed. Upon completion of project and approval by the Town the bond shall be released. The bond may be held for a period of one year if seasonal conditions may affect project.

SECTION 4. Standards:

All driveways must conform to the standards in the Public Improvement Specifications. The following shall also apply to new driveway construction.

1. Driveways shall intersect struts at an angle of approximately ninety degrees (90) and shall be located and designed with satisfactory sight lines along State or Town roads. Driveways shall comply with the Minimum State recommended sight distances for the established speed limit when entering a State Highway and shall have a minimum sight distance of two hundred and seventy five feet when entering a town road. All driveways must contain, off town property, a suitable turnaround sized to handle any and all vehicles using said driveway.

2. Driveways shall be designed to prevent water flows from entering a town road and, wherever possible, the Town right-of-way. Privately owned and maintained drainage diversion swales, detention swales, detention areas, and/or dry wells shall be utilized to the greatest extort possible. Culverts, with a minimum of fifteen inches shall be used when crossing town drainage ways. Whenever a private detention area is utilized in diverting driveway water from the Town right-of-way, the owner of the subject lot(s) shall be responsible for maintaining the swale or detention area and any culverts in accordance with the approved design.

3. All parking areas must be located a minimum of 10 feet from side and back property lines and 25 feet from all town property lines with access to private driveway on dwelling lot.

4. The Town may require a professional engineer's design of proposed driveway under certain conditions that may effect the health, safety or welfare of vehicular or pedestrian traffic. Inspection by a certified engineer, named by town, may also be required. All engineering costs shall be borne by applicant.

5. In the event the driveway paving is not completed prior to request for a certificate of Occupancy, the Town may, during times of inclement weather, accept a cash bond for a period of four (4) months from date of acceptance of said bond for project to be completed. Bond may be set only for the paving portion of the driveway. Gravel surface driveways draining towards the town road shall be stabilized with processed trap rock for the winter where grades exceed 8% slope. All pad areas must be stabilized with processed trap rock for the winter period.

SECTION 5: Existing Road Improvements

If the Town finds that the proposed driveway and/or associated site development on an existing accepted Town Road will adversely effect the health, safety or welfare of vehicular or pedestrian traffic due to poor sight lines, inadequate drainage, or inadequate pavement and pavement widths, then the Town shall require the Applicant to improve the existing Town Road to the standards outlined in the Public Improvement specifications adopted by the Town of Canterbury on May 15,1998 and as amended. The Applicant/Property Owner shall be responsible for the cost of required improvements that are the result of the driveway permit requested Improvements required may include, but are not limited to:

a. Dedication of right of way to bring the road to current road standards.

b. Necessary improvements to improve site distance.

c. All, or a portion of, the cost of required drainage improvements.

d. Widening of the traveled way to the minimum required width for traffic including any additional traffic generated by the development.

SECTION 6. Violation:

Failure of any person constructing or locating such new driveway to fast obtain such a permit shall constitute a violation of this ordinance and any such person shall be subject to a penalty of $90 (ninety dollars) as provided by section 7-148 of the Connecticut State Statutes of 1958, as amended. Each day such driveway is permitted or suffered to remain shall constitute a separate violation.

SECTION 7. Effective date.

This ordinance shall become effective on the fifteenth day following publication of notice of its adoption at town meeting.

Effective Date

Passed at Town Meeting 5/18/01

Published 5/26/01

ORDINANCE CONCERNING THE REMOVAL OF ABANDONED, INOPERABLE OR UNREGISTERED MOTOR VEHICLES FROM PRIVATE PROPERTY

(a) Pursuant to Section 14-150(a) of the Connecticut General Statutes, the Board of Selectmen of the Town of Canterbury shall order the removal of any abandoned, inoperable, or unregistered motor vehicle(s) or parts thereof located within the boundaries of the Town if said motor vehicle(s) or parts thereof present a danger to the health, welfare, or safety of the general public or any person living on the property where the abandoned, inoperable, or unregistered motor vehicle(s) or parts thereof are located, provided that

(1) Notice be given to at least one owner of the property on which such motor vehicle(s) or parts thereof so remain requesting removal of such motor vehicle(s) or parts thereof within 30 days from the date of said request sent by Certified Mail, Return Receipt Requested; and

(2) Notice be published in a newspaper having a substantial circulation in such municipality, said notice to be published 30 days before the Town's removal of said motor vehicle or parts thereof, said notice to include the name of at least one owner of the property on which said motor vehicle(s) or parts thereof are located; the make and model of said motor vehicle; the approximate year of manufacture of said motor vehicle or parts thereof, and, where possible, the identification number of said motor vehicle or parts thereof.

(b) In the event that said motor vehicle or parts thereof are not removed as provided in section (a) above, after notice duly given, as provided in sub-section (a)(1) and (a)(2) above, the Board of Selectmen shall provide for the removal and storage of said motor vehicle or parts thereof. The costs of the removal and storage of said motor vehicle or parts thereof and the costs of the above mentioned notices shall be borne by the owner of property from which the said motor vehicle or parts thereof are removed. If said costs are paid within 30 days by the said owner(s) or representative(s), the removed motor vehicle(s) or parts thereof will be turned over to the said owner(s) or representative(s). If said costs remain unpaid for a period of 30 days, the Board of Selectmen shall order the motor vehicle(s) or parts thereof sold at public auction and so sell said motor vehicle(s) or parts thereof after notice of said auction is published in accordance with the Connecticut General Statutes. The proceeds of such sale will be used by the Board of Selectmen to defray the costs of removal, storage, and notice. If there should be any money left over after said sale and the payment of said costs, the excess proceeds shall be turned over to the General Fund of the Town of Canterbury.

(c) Expressly excepted from coverage under this ordinance is any motor vehicle which is twenty-five years old or older at the time of the alleged offense AND any motor vehicle which is classified as a "Special Interest Car" by its owner. The owner of such a motor vehicle shall assume the burden of proof in establishing either the age or special interest category of said motor vehicle. For the purpose of the section, a "Special Interest Car" is defined as a motor vehicle which holds a distinctive value to the owner because of its style, year of manufacture, name, method of construction, etc.

This ordinance shall become effective fifteen days after publication in accordance with the Connecticut General Statutes.

Passed at Town Meeting 5/18/01

Published 5/26/01

TAX EXEMPTION FOR CERTAIN MOTOR VEHICLES

Be it ORDAINED, by the qualified voters of the 'Town of Canterbury at Town Meeting held on May 17, 2002.

1. Pursuant to the authority conferred by 12-81c, C. G. S., ambulance-type motor vehicles used exclusively for the purpose of transporting any medically incapacitated individual (except any such vehicle use to transport any such individual for profit); any property owned by a nonprofit ambulance company; and any motor vehicle owned by a person with disabilities, or owned by the parent or guardian of such a person, which vehicle is equipped for purposes of adapting its use to the disability of such person, shall be exempt from local taxation.

2. For the purpose of this ordinance, an "ambulance-type motor vehicle used exclusively for the purpose of transporting any medically incapacitated individual" is defined as a motor vehicle specifically designed to carry patients and typically operated by a person possessing certification from the Office of Emergency Medical Services.

3. For the purpose of this ordinance, a "motor vehicle... equipped for the purpose of adapting its use to a disability" is defined as a vehicle modified from stock specifications by the addition of hydraulic lifts, specialized steering or braking apparatus, or similar alterations, and provided that such modifications shall be shown to have cost not less than $1,000.00.

4. Any person wishing to claim an exemption pursuant to this ordinance shall make an application for said exemption to the town's assessor on a form prescribed by the assessor, and shall supply to the assessor such proof as is necessary to establish the compliance of the vehicle with the intent of this ordinance.

This ordinance shall take effect fifteen (15) days after publication in accordance with the law.

Passed at Town Meeting 5/17/02

Published 6/11/02

An Ordinance for the Seating of Alternate Members of Town Commissions and Boards

Be it ordained by the electors and those entitled to vote at a Town Meeting, duly warned, an ordinance for establishing the procedure for seating alternate members on all Town Commissions and Boards. Whereas a regular commissioner or board member is absent from a regular, special or emergency meeting, or excuse themselves from the proceedings and alternate commissioners or board members are present, the Chairman or his designee shall seat an alternate in his stead. The first criteria of selecting an alternate will be of party affiliation. The alternate, whenever possible, will be of the same party affiliation as that of the absent commissioner or board member. In a case where two or more alternates of the same party affiliation as the absent commissioner or board member are present, the alternate with the most seniority will be seated first. In any circumstance where alternate commissioners or board members are present, but party affiliation cannot be continued, seniority shall be the primary criteria. When feasible, alternate members who fulfill the criteria shall be named on a rotating basis.

This ordinance shall take effect fifteen (15) days after publication in accordance with the Connecticut General Statutes.

Passed at Town Meeting 1/17/03

Published 1/24/03

Passed at Town Meeting 4/9/03

Published 4/22/03


AN AMENDMENT TO THE ORDINANCE ENTITLED: "ORDINANCE ON BIDDING FOR PURCHASES AND SERVICES"

BE IT ORDAINED by the electors of the Town of Canterbury at a duly warned meeting:

Pursuant to the Town Meeting held April 9, 2003, amendments to the ordinance are as follows:

4. Exceptions to bidding requirements:

Add two sections:

J. Expenditures made to waste disposal

K. Expenditures made to auditor in FY 2003 - FY 2004

Passed at Town Meeting April 9, 2003

Published April 22, 2003


Town of Canterbury

Planning & Zoning Commission


LAND USE FEE SCHEDULE

I. State of Connecticut Application Fee...................................................................... $10.00

Public Act 92-235 states any and all application submitted to the Planning & Zoning Commission or the Zoning Enforcement Official for review, requires the Town to collect a $10.00 fee on behalf of the State of Connecticut.

II. Copy of Regulations............................................................................................... $15.00

Includes current Zoning Regulations; current Subdivision Regulations; current Plan of Conservation & Development; and, Land Use Fee Schedule

III. Day to Day Permits.................................................................................... (see list below)

A. Standard Zoning Permit

1. small accessory buildings, sheds......................................................................... $5.00

2. garages, carriage sheds, additions, pools.......................................................... $10.00

3. new construction, large accessory buildings...................................................... $25.00

4. to show compliance with current regulations................................................... $50.00*

*(this zoning permit would be required after site plan or special exception approval)

IV. Special Exception/Site Plan Review......................................................... (see list below)

A. Special Exception and Site Plan Review

1. minor: up to 3,000 square feet **................................................................. $75.00

2. moderate: 3,001 to 8,000 square feet**..................................................... $150.00

3. major: 8,001 square feet and up**.............................................................. $300.00

** Area based upon all new area created or disturbed for proposed action. Including all buildings or structures; accessory structures; and, all paved or impervious surfaces.

B. Site Plan Review Only

1. up to 5,000 square feet................................................................................. $75.00

2. greater than 5,000 square feet..................................................................... $150.00

Special Exception and/or Site Plan Review applications subject to state Fee.

V. Subdivision/Re-subdivision

A. Filing Fee...................................................................................................... $100.00 +

For each new lot proposed or created................................................................. $ 50.00

Section V applications subject to State Fee.

VI. Engineering Fees.............................................................................................. AT COST

Fees incurred from the town engineer when being used in a supervisory capacity and/or during inspections and site visits, including supervision and inspections during the construction and maintenance of Public Improvements are AT COST to the developer/applicant.

Any outstanding engineering fees must be paid in full by the date of the meeting or the application will be considered incomplete and will not even be considered by the Commission at the meeting. All Engineering Fees are due upon receipt.

VII. Changes and/or Amendments to Regulations or Maps

A. Application for Change in Zoning Regulations or Map...................................... $200.00

B. Application for Change in Subdivision Regulations............................................ $200.00

Section VII subject to State Fee

A. Public Notification Fee

The cost of all legally required public notifications are the sole responsibility of the Applicant.

The public notices are time sensitive and will be payable at the time of application:

1. Public Hearing Notice (2 publications required)................................................... $140.00

2. Notice of Action (1 publication required)............................................................... $60.00

B. Method of Timing and Payment

All application fees required by this ordinance shall be submitted to the Land Use Office, payable to the Town of Canterbury at the time the application is filed.

C. Exemptions

Town of Canterbury Boards, Commissions, Councils and Departments are exempt from all fee requirements.

D. Application fees

Application fees are nonrefundable.

E. Public Improvements

For the purpose of this ordinance, public improvements include, but are not limited to the construction of new roads, curbing, sidewalks and street lighting, improvements to existing roads, storm drainage facilities, water and sewer lines, the setting aside of open space and recreation areas, planting of trees or other landscaping, the installation of retaining walls or other structures and erosion and sedimentation controls.

Revised 8/13/2002

Adopted at a duly warned Town Meeting on May 16, 2003

Published May 25, 2003

AN ORDINANCE ESTABLISHING ALTERNATE MEMBERS OF THE BOARD OF FINANCE

The electors of the Town of Canterbury, at a town meeting held for that purpose on January 29, 2004, hereby ordain, pursuant the authority of Section 7-340a of the Connecticut General Statutes, that there shall be three alternate members of the town's Board of Finance.

1. The initial alternate members of the Board of Finance shall be appointed by the Board of Finance.

2. The Town shall at the next regular municipal election elect three electors of the town who shall serve as alternate members of the Board of Finance, one of whom shall be elected to serve until the next such election, one to serve until the second such election from such date and one to serve until the third such election from such date. At each such election thereafter, the town shall elect, in the same manner as the town officers are elected, one elector of the town as an alternate member of such finance board to serve for six years. Each alternate member of the Board of Finance shall serve for the term for which he is elected and until his successor is elected and has qualified.

3. If a regular member of the Board of Finance is absent or is disqualified, such absent or disqualified member shall designate an alternate to act in his or her place. In the event that an absent or disqualified regular member fails or refuses to designate an alternate to so act, the majority of the regular members of the Board of Finance not absent and not disqualified shall designate an alternate subject to the provisions of Section 9-167a of the General Statutes, to act in the place of such absent or disqualified regular member.

4. Such alternate members shall, when seated as provided above, have all the powers and duties set forth in the General Statutes relating to the functions of the Board of Finance and its members.

5. In the event of a vacancy in a regular or alternate Board of Finance position, the remaining regular members of the Board shall select an elector of the town to fill the vacancy. Any such elector so selected shall serve only until the next regular municipal election at which a successor shall be elected to complete the balance of the term, if any.

Passed at Town Meeting January 29, 2004

Published February 13, 2004

AN ORDINANCE CREATING A COMBINED POSITION OF TOWN PLANNER/ZONING ENFORCEMENT OFFICER/INLAND WETLANDS AND WATER COURSES ENFORCEMENT OFFICER

The electors of the Town of Canterbury, at a town meeting, held for that purpose on February 27, 2004, hereby ordain that:

1. Pursuant to the authority of Section 7-148(c)(5), there shall be a salaried position in the Town of Canterbury of Town Planner/Zoning Enforcement Officer/Inland Wetlands and Water Courses Enforcement Officer.

2. The duties of the person appointed will be to:

a. Assist the Board of Selectmen, the Planning and Zoning Commission, the Inland Wetlands and Water Courses Commission, the Economic Development Commission, and such other boards and commissions as may request his/her services, in the preparation, adoption, and amendment of the plan of conservation and development for the Town of Canterbury, and in the discharge of such other duties as may properly come before those bodies.

b. To act as the agent of the Planning and Zoning Commission in the investigation of applications before it, and in the enforcement of its regulations, and in the discharge of such other duties as may properly come before that body.

c. To act as the agent of the Inland Wetlands and Water Courses Commission in the investigation of applications before it, and in the enforcement of its regulations, and in the discharge of such other duties as may properly come before that body.

3. A panel consisting of the First Selectman and the chairs of the Planning and Zoning Commission and the Inland Wetlands and Water Courses Commission are hereby designated to serve as a search committee to find a suitable person to serve in the position. The search committee shall prescribe the salary, benefits and hours of employment of the position, and shall solicit resumes and applications for the position from all qualified individuals. From the number submitted, it shall present three finalists to the selection committee, which shall be comprised of the Board of Selectmen, the Planning and Zoning Commission and the Inland Wetlands and Water Courses Commission. Each such body shall cast one vote for its choice among the three finalists, and that person who secures the support of the majority shall be hired.

4. The individual chosen by the selection committee shall serve at the will of the Town of Canterbury. In the event that the Board of Selectmen, the Planning and Zoning Commission, or the Inland Wetlands and Water Courses Commission resolves to discharge the individual holding this position for any reason, the passage of that resolution shall cause the First Selectman, and the chairs of the two commissions, to hold a public meeting (subject to the provisions of the Freedom of Information Act, and to be conducted according to Robert's Rules of Order) to determine whether the individual should be terminated. In the event of an affirmative vote of a majority of the three members to terminate, they shall then be reconstituted as a search committee to recommence the process of hiring to fill the position in the manner set forth in section 3.

5. If any vacancy occurs in the position for any other reason, the process outlined in section 3 shall be utilized to fill the vacancy.

6. No expenditure for salary or benefits of the individual engaged shall be made in this fiscal year prior to approval of the same by the Board of Finance if less than Twenty Thousand and 00/100 Dollars ($20,000.00), and also appropriation by the town meeting if greater than Twenty Thousand and 00/100 Dollars ($20,000.00).

Passed at Town Meeting January 29, 2004

Published February 13, 2004

 

AN ORDINANCE TRANSFERRING TITLE OF THE AMBULANCE TO

THE CANTERBURY VOLUNTEER FIRE DEPARTMENT

The electors of the Town of Canterbury, at a town meeting held for that purpose on February 27. 2004, hereby ordained that:

1. The Board of Selectmen shall transfer to the Canterbury Volunteer Department, Inc. all the Town's right title and interest in a certain 2000 Ford ULTRAMED AMBULANCE VIN 1FDXE45F7YHB34133 within 10 days of the effective date of this ordinance.

This ordinance shall take effect fifteen (15) days after publication in accordance with the law.

Passed at Town Meeting February 27, 2004

Published March 4, 2004

AN ORDINANCE EFFECTING COMPENSATION OF ELECTED OFFICIALS

The electors of the Town of Canterbury, at a town meeting held for that purpose on February 27, 2004, hereby ordained that:

1. The pay, salary or benefits may not be increased or decreased during the term of office of any elected official of the Town of Canterbury nor may the method of compensation be changed.

2. Any increase or decrease in pay, salary or benefits; or change in method of compensation of an elected town official shall be effective upon the first day they assume office after their election or reelection.

3. This ordinance shall be effective 15 days after publication.

This ordinance shall take effect fifteen (15) days after publication in accordance with the law.

Passed at Town Meeting February 27, 2004

Published March 4, 2004

AN ORDINANCE REGARDING TAX DELINQUENCY REPORTS TO DEPARTMENT OF MOTOR VEHICLES

Pursuant to the powers conferred upon the town meeting by Public Act 03-6, June Special Session, it is hereby ordained that the Tax Collector of the Town of Canterbury may require that

(A) any delinquent property taxes applicable with respect to a motor vehicle shall be paid only in cash or by certified check or money order and

(B) any person who was delinquent in the payment of any property tax on any motor vehicle and who the Tax Collector notified the Commissioner of Motor Vehicles of such delinquency under the provisions of section 14-33 (CGS), as amended, shall pay a fee of $5.00.

This Ordinance shall take effect fifteen (15) days after publication in accordance with the law.

Passed at Town Meeting February 27, 2004

Published March 4, 2004

 

AN ORDINANCE REGARDING BUILDING PERMITS ON PROPERTIES

WITH DELINQUENT LOCAL PROPERTY TAXES

The electors of the Town of Canterbury, at a town meeting held for that purpose on April 6, 2004, hereby ordain that:

1. When taxes, charges or assessments imposed by the Town of Canterbury are delinquent on any property, the building official may refuse to approve any application made to him with respect to such property.

2. In the discretion of the building official, any necessary repairs to restore the subject premises to habitability may be authorized notwithstanding the tax delinquency.

3. This ordinance is passed under the authority of Section 7-148s (c) (2) (B) of the Connecticut General Statutes.

This ordinance shall take effect fifteen (15) days after publication in accordance with the General Statutes.

Passed at Referendum held April 14, 2004

Published April 20, 2004

AN ORDINANCE ALLOWING ADDITIONAL VETERAN'S TAX EXEMPTION

The electors of the Town of Canterbury, at a town meeting held for that purpose on April 6, 2004, hereby ordained that:

1. Pursuant to Public Act 03-44 a veteran and a veterans surviving spouse shall be eligible for an additional property tax exemption not to exceed $10,000.00 of assessed value.

2. The exemption set forth in Section 1 of this Ordinance shall be available to a veteran or a veteran's surviving spouse whose income is not more than $25,000.00 above the income limits set in Connecticut General Statutes Section 12-811.

This ordinance shall take effect fifteen (15) days after publication in accordance with the General Statutes.

Passed at Referendum held April 14, 2004

Published April 20, 2004

AN ORDINANCE AUTHORIZING AN AUDIT OF THE TOWN CLERK'S OFFICE

The electors of the Town of Canterbury, at a Town Meeting held for that purpose on August 24, 2004, hereby ordain that:

The Board of Finance shall be authorized to contract with a qualified auditor (utilizing funds appropriated for audit expenses in the existing budget) for an audit of the receipts, disbursements, and repository accounts of the Town Clerk beginning January 1, 2000, and ending June 30, 2004, to assure compliance with applicable law and generally accepted accounting principles.

This ordinance shall become effective fifteen days after publication in accordance with the Connecticut General Statutes.

Passed at Referendum held September 7, 2004

Published September 24, 2004.

 

AN ORDINANCE PROVIDING A SALARY IN LIEU OF FEES

The electors of the Town of Canterbury, at a Town Meeting held for that purpose on August 24, 2004, hereby ordain that:

The Town Clerk shall receive a salary in lieu of all fees and other compensation provided for in the general statutes, which salary shall be fixed by the legislative body, and will be implemented beginning January 1, 2006.

This ordinance shall become effective fifteen days after publication in accordance with the Connecticut General Statutes.

Passed at Referendum held September 7, 2004

Published September 24, 2004

 

ORDINANCE REGARDING PUBLICATION OF RECEIPTS,

REVENUES AND EXPENDITURES

Be it ordained by the legal voters of the Town of Canterbury in a lawful town meeting duly assembled:

Section 1. The Town of Canterbury hereby waives the newspaper publication requirements of Connecticut General Statutes § 7-344 

Section 2. The Town of Canterbury shall use the alternate method provided in the statute, so long as the Town qualifies for its use.

This ordinance shall become effective fifteen days after publication in accordance with the Connecticut General Statutes.

Passed at Town Meeting held June 20, 2007.

Published July 6, 2007.

 

ORDINANCE REGARDING THE TAKING

OF PRIVATE PROPERTY BY EMINENT DOMAIN

 

IT IS HEREBY ORDAINED by qualified voters of the Town of Canterbury, acting at a lawfully called town meeting that:

 

1. Neither the Town of Canterbury, nor any of its elected or appointed agencies or officials, nor anyone acting in the name of the Town of Canterbury, shall be authorized to:

(1) Propose; or

(2) Approve; or

(3) Appropriate funds for;

the use of the power of eminent domain to take private property unless the private property would be taken for “public use”. For the purposes of this ordinance, a “public use” is a use of property that would meet at least one of the following criteria:

 

a. The property would be owned by the Town of Canterbury or an agency of the Town of Canterbury, and would be used or set aside for one or more facilities that are intended to be used by the general public, such as, but not limited to, streets, bridges, parkways, sidewalks, rights of way, or other public ways, schools, public sewer, water or waste disposal or transfer facilities; or

b. The property would be owned by the Town of Canterbury and set aside for permanent open space or drainage or erosion control facilities; or

c. The property in its present condition poses a danger to the public health or safety as a result of physical deterioration, pollution or contamination, and would be taken by the Town of Canterbury for the purpose of remediating such conditions or minimizing danger to the public.

 

2. Neither the Town of Canterbury, nor any of its elected or appointed agencies or officials, nor anyone acting in the name of the Town of Canterbury, shall be authorized to:

(1) Propose; or

(2) Approve; or

(3) Appropriate funds for;

the use of the power of eminent domain to take private property if such taking would be solely for the purposed of increasing the tax base, tax revenues, employment, or the general economic health of the municipality.

 

3. If any portion of this Ordinance is determined to be unlawful or to be in conflict with any state or federal law, the remaining provisions of the Ordinance shall remain in effect.

 

4. This ordinance shall take effect fifteen days after publication in accordance with Connecticut General Statutes Section 7-157.

Passed at Town Meeting 3/29/06

Published on 4/1/06

 

Canterbury Town Hall Office Hours:
Monday - Wednesday 9:00 AM - 4:00 PM, Thursday 9:00 AM - 6:30 PM, Friday 9:00 AM - 1:30 PM