Center for Land Use Education & Research

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1 Welcome! Center for Land Use Education & Research CLEAR provides information, education and assistance to land use decision makers on how better to protect natural resources while accommodating economic growth. 1!

2 Agenda 9:00 Welcome 9:15 Roles and Responsibilities 10:45 Break 11:00 Legal Requirements 12:30 Lunch 1:15 Map reading 3:00 End Online Version!! Please note that the answers to the question slides in the presentation are highlighted in light blue on the next slide. The graph on the slide indicates how participants at the training responded to the question.!! This presentation is for educational purposes and not intended to represent legal advice. Consult your town attorney in matters concerning your town. 2!

Important Information! Training is not legal advice! Discussion is encouraged but beating a dead horse is not! Please hold questions until the end (unless you absolutely have to ask)! Clickers! Exits!

3 Important Information! Training is not legal advice! Discussion is encouraged but beating a dead horse is not! Please hold questions until the end (unless you absolutely have to ask)! Clickers! Exits! Restrooms! Packet! Have fun!"#$%&'#()**+,,+)"#-)#.)/#,01203# 45! 67&""+"8# 95! :)"+"8# ;5! 67&""+"8#&"-#:)"+"8# <5! :94# =5! >"7&"-#?0'7&"-,#&"-#?&'01()/1,0,# ;)",012&A)"# = B5!!'%01# C5! DE4# : ; <? > <!"#$%%&%'!()%&%'!"#$%%&%'!$%*!(+++!.%#$%*!/01#$%*+++!2)%3045$1&)%!61704!(,-!89-3!

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Paula Stahl CNRP, UConn CLEAR Roles and Responsibilities of Land

5 Instructors! Bruce Hyde LUA, UConn CLEAR! Atty. Richard Roberts Halloran and Sage, LLC! Paula Stahl CNRP, UConn CLEAR Roles and Responsibilities of Land Use Commissions Roles and Bruce Hyde! University of Connecticut! Department of Extension! April 21, 2012! 5!

Sources of Power American system derived from English system! Sovereign had total power over the land! Granted rights on the use of land to their subjects Called Fees or Fiefs!

6 Sources of Power American system derived from English system! Sovereign had total power over the land! Granted rights on the use of land to their subjects Called Fees or Fiefs! In America, the Sovereign is the State government! Rights held by landowners still called fee interests! Power of state must give way to federal law (10th Amendment) Legal Basis for Local Land Use Regulations??? 6!

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State Enabling Legislation Provides the Foundation and

8 Legal Basis for Local Land Use Regulations State Enabling Legislation Court Decisions Local Regulations State Enabling Legislation Provides the Foundation and Limits of Power The STATE will let you.. State Government! 8!

Connecticut General Statutes Land Use Zoning Title 8, Chapter 124, Sections 8-1 through 8-13

9 Police Power = The right or need of government to protect the public health, safety and welfare Basis of all land use regulation and all sections of the regulations must achieve this end Connecticut General Statutes Land Use Zoning Title 8, Chapter 124, Sections 8-1 through 8-13 Planning Title 8, Chapter 126, Sections 8-18 to 8-30 Wetlands Title 22a, Chapter 440, Sections 22a-36 to 22a-45 9!

Legal Basis for Local Land Use Regulations State Enabling

Decisions Provide legal review and interpretation!

Constitutional foundation for all American zoning was

10 Legal Basis for Local Land Use Regulations State Enabling Legislation Court Decisions Local Regulations Court Decisions Provide legal review and interpretation! Federal Level! Constitutional foundation for all American zoning was established in a 1926 Supreme Court decision that upheld a zoning ordinance enacted by the Village of Euclid, Ohio! 10!

1926 U.S. Supreme Court Upholds Right to Zone Euclid vs.

Village zoned land for residential use only -Ambler charged an

without just compensation -Also claimed financial loss due to

make use of the land, (not the use they wanted) -Zoning s purpose is to

-Village can establish districts and exclude certain uses from certain

11 1926 U.S. Supreme Court Upholds Right to Zone Euclid vs. Ambler Ambler bought 68 acres to develop as industry. Village zoned land for residential use only -Ambler charged an unconstitutional violation of due process in that is was a taking without just compensation -Also claimed financial loss due to restrictive zoning Supreme Court Ruled: -Not a taking as Ambler could make use of the land, (not the use they wanted) -Zoning s purpose is to protect public health, safety and welfare not personal financial gain -Village can establish districts and exclude certain uses from certain districts Euclidean Zoning The term Euclidean Zoning comes from the Euclid vs. Ambler case It has nothing to do with Euclidean Geometry 11!

officials best suited to make local land use decisions -Courts will not interfere in

! Failure to follow procedures set forth in the State Statutes! 2.

12 Court Decisions State Level! -Courts provide local land use officials wide & liberal discretion -Feel local officials best suited to make local land use decisions -Courts will not interfere in local matters unless commissions act illegally. Court Decisions State Level! Illegal commission acts:!! 1.! Failure to follow procedures set forth in the State Statutes! 2.! Clear breach of duty acting in an arbitrary or capricious manner! arbitrary = at random, unreasonable!! capricious = acting impulsively! 12!

13 Legal Basis for Local Land Use Regulations State Enabling Legislation Court Decisions Local Regulations Legal Basis of Land Use Regulation! Local Regulations Ultimate Source of Land Use Control! Basic set of local land use regulations: 1.! Zoning 2.! Subdivision 3.! Inland Wetlands Inland Wetland and Watercourses Regulations Woodbury, Connecticut! 13!

14 ?%0"#-1&V+"8#108/7&A)",W#()**+,,+)",#,0120#+"#$%&'#(&R&(+'.3# 45! 4-*+"+,'1&A20# 95! 6)7+(0# 79 ;5! X/-+(+&7# <5! F08+,7&A20# =5! 6&17+&*0"'&1.# 6 : 8 7!"#$%&%'()*(%+,!-./%0,!12#%0%*/!3,4%'/*(%+,!-*)/%*$,&(*)5?%0"#-1&V+"8#108/7&A)",W#()**+,,+)",#,0120#+"#$%&'#(&R&(+'.3# 45! 4-*+"+,'1&A20# 95! 6)7+(0# 79 ;5! X/-+(+&7# <5! F08+,7&A20# =5! 6&17+&*0"'&1.# 6 : 8 7!"#$%&%'()*(%+,!-./%0,!12#%0%*/!3,4%'/*(%+,!-*)/%*$,&(*)5 14!

Must be consistent with legislative purposes set forth in CGS Types of Power-Administrative

15 Types of Power-Legislative When writing regulations a commission is acting in a legislative capacity! Courts allow wide discretion! Must be consistent with legislative purposes set forth in CGS Types of Power-Administrative When reviewing development applications a commission is acting in an administrative capacity! Discretion is more limited! Must employ appropriate standards 15!

16 Types of Power- Quasi-Judicial When hearing appeals, a commission is acting in a quasi-judicial capacity! Can reverse or affirm, wholly or in part, or modify the challenged order, requirement or decision.! Must limit decision to issues actually raised in the appeal Types of Local Commissions Regulatory!Planning!Zoning!Zoning Board of Appeals!Inland Wetlands and Watercourses!Historic District!Aquifer Protection Agency Nonregulatory!Conservation!Economic Development!Design Review 16!

17 ?%+(%#)T#'%0#T)77)$+"8#-)0,#'%0#N'&'0#)T#;Y#S=Z[>S=# */"+(+R&7+A0,#')#%&203# 45! 67&""+"8#;)**+,,+)"# 95! :)"+"8#;)**+,,+)"# ;5! :)"+"8#9)&1-#)T#4RR0&7,# <5! >"7&"-#?0'7&"-,#&"-#?&'01()/1,0,#480"(.# =5! =201.'%+"8#U/'#&# ;)",012&A)"#;)**+,,+)"# A!"#$%%&%'!()**&++&)%!,)%&%'!()**&++&)%!,)%&%'!-)$./!)0!1223$#+!4%#$%/!536#$%/+!$%/!5$63.7)8.+3+!1999!()%+3.:$6&)%!()**&++&)%!;:3.<6=&%'!>86!$!()%+3.:$6&)%!()**&999 Which of the following does the State of CT REQUIRE a municipality to have? A.! B.! C.! D.! E.! F.! Planning Commission Zoning Commission Zoning Board of Appeals Inland Wetland and Watercourses Agency Conservation Commission Everything BUT a Conservation Commission 17!

Planning Commission Key Powers and Duties 1.!Prepare/adopt/amend the POCD a.! Must be reviewed every 10 years b.! Incorporate principles in State C&D Policies Plan 2.

18 Planning Commission Key Powers and Duties 1.!Prepare/adopt/amend the POCD a.! Must be reviewed every 10 years b.! Incorporate principles in State C&D Policies Plan 2.! Establish, change or repeal Subdivision Regulations 3.! Hear, consider and decide applications for subdivision approval 4.! Review all proposed municipal improvements Sec !Prepare a Capital Improvement Program Zoning Commission Key Powers and Duties!Zoning Regulations and Districts!Establish, change or repeal regulations and districts!hear, consider and decide upon petitions for changes to regulations and districts!zoning Administration!Provide for the manner that regulations are enforced and take appropriate actions!certify that a building, structure or use is in conformance (ZEO)!Require, when appropriate, that a site plan be filed to determine conformity (ZEO)!Hear, consider and decide on application for special permits/ exceptions 18!

19 Zoning Board of Appeals Key Powers and Duties!Hear and decide appeals from decisions made by the Zoning Enforcement Officer (ZEO)!To grant variances from the strict application of the zoning regulations!to hear and decide any matters that the zoning regulations specify them to consider.!state statues require any town with a Zoning Commission to have a Zoning Board of Appeals Inland Wetlands and Watercourses Agency Key Powers and Duties!Regulations and Boundaries!Establish, change or repeal IWW regulations and boundaries!hear, consider, decide on petitions for changes in IWW regulations!administration of Regulations!Hear, consider and decide upon applications for regulated activities involving IWW and to determine whether activities are exempt from regulations!enforce IWW regulations!hear appeals from any decisions of the IWW agent!advise other commissions on wetlands protection 19!

Aquifer Protection Agency Key Powers and Duties! Identify and inventory potential regulated activities in the area! Adopt local aquifer protection area regulations!

20 Aquifer Protection Agency Key Powers and Duties! Identify and inventory potential regulated activities in the area! Adopt local aquifer protection area regulations! Register regulated businesses and facilities within the aquifer protection area! Issue permits for new regulated activities! Educate the public about the importance of protecting groundwater Photo: CT DEP Conservation Commission Key Powers and Duties!SHALL:!Conduct research into utilization or possible utilization of land!keep an index of open areas, public or private.!keep records of its meetings and activities!may!make recommendations to zoning, planning, IWWA or others on proposed land use changes!inventory natural resources!propose a greenway plan for inclusion in POCD 20!

Planning Commissions Key Sections of a POCD!Inventory of Community Resources!Environment!Cultural!Economic!Housing!Transportation!Economic Development!Open Space/Natural Resource Protection!

21 Planning Commissions Key Sections of a POCD!Inventory of Community Resources!Environment!Cultural!Economic!Housing!Transportation!Economic Development!Open Space/Natural Resource Protection!Municipal Improvements?%+(%#)T#'%0#T)77)$+"8#&10#*0'%)-,#)T# +*R70*0"A"8#'%0#6!;<# 45! :)"+"8#S08/7&A)",# 95! N/U-+2+,+)"#S08/7&A)",# ;5! <0,+8"#S02+0$#B/+-07+"0,# AA <5! ;&R+'&7#>*R1)20*0"'# 61)81&*# =5! C 477#)T#'%0#&U)20# B!"#$%$&!'(&)*+,%#$-!.)/0%1%-%#$!'(&)*+,%#$-!2(-%&$!'(1%(3!4)%0(*%$(-!5+6%,+*!7869#1(8($,!:9#&9+8!;)%*0%$&!5#0(!<**!#=!,>(!+/#1( 21!

! Building Code F.! All of the above What does a typical CT zoning regulation look like.

22 Which of the following are methods of implementing the POCD A.! Zoning Regulations B.! Subdivision Regulations C.! Design Review Guidelines D.! Capital Improvement Program E.! Building Code F.! All of the above What does a typical CT zoning regulation look like... In CT the Zoning Map + the Regulations= The Comprehensive Plan Traditional Uses:!Residential!Commercial!Industrial!Agricultural 22!

$your goal: does this plan meet the letter of the regulations?%&'#-)0,#:)"+"8#-)3# 45! <0,+8"&'0,#&10&,#)1#\)"0,#)T# &#*/"+(+R&7+'.# 95! 61020"',#/"R)R/7&1#/,0,# T1)*#-0207)R+"8#+"#')$"# ;5!$

23 Zoning Commission Site Plan Review!Site Plans are all maps, documents and studies submitted as part of an application!generally used with more intensive uses (i.e. non-sfr)!your goal: does this plan meet the letter of the regulations?%&'#-)0,#:)"+"8#-)3# 45! <0,+8"&'0,#&10&,#)1#\)"0,#)T# &#*/"+(+R&7+'.# 95! 61020"',#/"R)R/7&1#/,0,# T1)*#-0207)R+"8#+"#')$"# ;5! S08/7&'0,#7&"-#/,0,W#7)'# ()201&80W#7)'#&10&W#-0",+'.# <5! S08/7&'0,#'%0#&RR0&1&"(0#)T# /,0,#!"#$%&'()#$!(*#($!+*!,+'#$!+-!(!./'%0%1(222 :;!3*#4#')$!/'1+1/5(*!/$#$!-*+.!6#4#5+1%22?!7#&/5()#$!5('6!/$#$8!5+)!0+4#*(&#8!5+)!(222 >< <=!7#&/5()#$!)9#!(11#(*('0#!+-!/$#$ 23!

24 What does Zoning do? A.! Designates areas or zones of a municipality B.! Prevents unpopular uses from developing in town C.! Regulates land uses, lot bulk, lot area, density D.! Regulates the appearance of uses ** Zoning Board of Appeals CGS Title 8, Chapter 124 Section 8-5 specifies that any municipality having a zoning commission SHALL have a Zoning Board of Appeals!Serves a quasi-judicial function!helps allow some flexibility in a rigid regulatory structure!is the first step in appeal for most zoning matters!four votes needed 24!

Zoning Board of Appeals Hear appeals based on decisions of the ZEO If ZEO finds zoning

Applicant can then: 1.!Petition for a zone change 2.!Apply to the ZBA for a variance 3.

part, the decision of the ZEO Zoning Board of Appeals Variances!

25 Zoning Board of Appeals Hear appeals based on decisions of the ZEO If ZEO finds zoning permit application does not comply with regulations, he/she MUST deny the application Applicant can then: 1.!Petition for a zone change 2.!Apply to the ZBA for a variance 3.!Contest the decision to the ZBA Upon appeal, the ZBA may reverse or affirm, wholly or in part, the decision of the ZEO Zoning Board of Appeals Variances!A relaxation of the zoning requirements!two types:!dimensional-setback,area,frontage,etc.!use!must demonstrate a "hardship" 25!

Defined by vegetation & " tidal inundation!

Ultimate regulatory authority for navigable waters and

Army Corps of Engineers which uses hydrology,

26 Connecticut Wetlands INLAND! TIDAL! Defined by soil type! Defined by vegetation & " tidal inundation! REGULATED LOCALLY! REGULATED BY STATE! Ultimate regulatory authority for navigable waters and wetlands lies with the U.S. Army Corps of Engineers which uses hydrology, vegetation and soils to define wetlands.! Inland Wetlands and Watercourses This is the soils data, right?! 17% of Connecticut is classified as inland wetlands. 26!

27 CT DEP Wetland Training Aquifer Protection Program Connecticut has approximately 127 existing aquifer protection areas located in!80 towns. 27!

28 Aquifer Protection Program For More Information:! Conservation Commissions Resource Inventories!a key step in the planning process! 28!

An Awesome Responsibility Land Use Commissions make decisions that affect a community s quality of life for generations, where investment takes place and an individual s or business s financial well

29 An Awesome Responsibility Land Use Commissions make decisions that affect a community s quality of life for generations, where investment takes place and an individual s or business s financial well being. An Awesome Responsibility "In one particularly egregious case, the HDC, in its fervor to 'preserve' what it considered historic additions on a prominent residence, expressed an official opinion that it would not consider any change to these additions. This refusal to work with the prospective buyer caused the loss-of-sale of the property and eventually a bank foreclosure at great financial cost to the owner," they said. 29!

Current Planning Issues!Responsible/Smart Growth!

Redevelopment Issues!Transit Oriented Development!

Responsible/smart growth is a balance between our

30 Current Planning Issues!Responsible/Smart Growth!Affordable Housing!Farmland Preservation!Redevelopment Issues!Transit Oriented Development!Low Impact Development What is responsible/smart growth? Responsible/smart growth is a balance between our growth and development needs and conservation of our state s resources and open space 30!

31 Growth management principles!redevelop and Revitalize Regional Centers!!Expand Housing Opportunities and Design Choices!!Concentrate Development Around Transportation Nodes and Along Major Transportation Corridors!Conserve and Restore the Natural Environment, Cultural and Historical Resources, and Traditional Rural Lands!Protect and Ensure the Integrity of Environmental Assets Critical to Public Health and Safety!Promote Integrated Planning Across All Levels of Government Why is Affordable Housing Important We re Number 1!!! Connecticut is losing a higher percentage of its year olds than any other state 31!

more than 30 percent of his or her income to pay housing costs!

32 Affordable Housing! The common definition of an affordable home is one where the resident uses no more than 30 percent of his or her income to pay housing costs! What was the 2010 Housing Wage (what a renter must earn per hour to afford a typical 2BR apartment) in CT? What does affordable housing look like? 32!

33 !"#$%&'%$"(%&)*+,(%-&,&$%.+/%#0+/1#2-(%"+3'&)4%.+/%#%.#,&-5%+.%.+3/%&)%$"(%!#$(/23/5%#/(#6% 78! 9:;<=>>%?8! A8! 9B:<C>>% D8! 9B=<E>>% )," % F8! 9;@<G>>%% ' "!"#$%&&!''$#&&!("$)&&!(%$*&&!#'$+&& Median Family Income- Waterbury HMFA 33!

34 Who Needs Affordable Housing? Why is LID Important? Stormwater runoff from impervious surfaces is one of the biggest causes of surface water quality degradation. Up to 70% of the pollution in our surface waters comes from stormwater. 34!

manage runoff as close to its source as possible. -CT Stormwater Quality Manual Coffman, 2003!

35 What is Low Impact Development?! A site design strategy intended to maintain or replicate predevelopment hydrology through the use of small-scale controls integrated throughout the site to manage runoff as close to its source as possible. -CT Stormwater Quality Manual Coffman, 2003! A better approach to stormwater management The strategy includes: (1) reducing impervious cover (IC) where practical (2) disconnecting IC from the surface waterbody (3) minimizing additional disturbance to maintain existing natural buffering capacity (4) installing engineered BMPs to reduce the impact of IC on receiving water hydrology and water quality. 35!

!Vegetated Roof Covers Low Impact Development

36 Install engineered BMPs (LID)!!Vegetated Swales, Buffers, and Filter Strips!!Bioretention/Rain Gardens!!Permeable/Porous Pavements!!Rainwater Harvesting!!Vegetated Roof Covers Low Impact Development Considerations Preserve Predevelopment Hydrology Bioretention cul-de-sac! Pervious Road and Grassed Swales! 36!

62 acres/lot) - Built using traditional zoning and construction practices!

37 Jordan Cove Research & Demonstration Project LID Cluster Conventional Conventional subdivision - 17 residential lots on 10.6 acres (.62 acres/lot) - Built using traditional zoning and construction practices! - 28 wide asphalt road with curbs and drains! - Traditional erosion and sediment control 37!

38 Jordan Cove LID Neighborhood, Waterford, CT Open space and low-mow area Bioretention cul-de-sac Grassed swales Rain gardens Cluster layout with shared driveways 12 lots clustered on 6.9 acres (.58 acres/lot)! Designed to minimize site runoff! Pervious roadway LID Cluster from the ground Bioretention area in turnaround Pervious driveways & road Grass swale Rain gardens 38!

39 But does it work? More Runoff! Arriving Faster! Traditional LID Green Roof 39!

Conflict of Interest Different kinds of conflicts: Thanks for the

40 Conflict of Interest Different kinds of conflicts: Thanks for the $1000 donation. You re welcome for the variance! Personal! Financial! Perceived or potential conflicts A planning commission member may represent his neighbor at a zoning commission hearing so long as he declares that he is a member of the planning commission but is not acting in that capacity. *+ 45!Y1/0# 95!@&7,0#,-!"#$%!&'()% 40!

41 A planning commission member may represent his neighbor at a zoning commission hearing so long as he declares that he is a member of the planning commission but is not acting in that capacity. *+ 45!Y1/0# 95!@&7,0#,-!"#$%!&'()%!Sec Disqualification of members in matters before planning or zoning commissions or zoning board of appeals!no member of any planning commission and no member of any municipal agency exercising the powers of any planning commission, whether existing under the general statutes or under any special act, shall appear for or represent any person, firm or corporation or other entity in any matter pending before the planning or zoning commission or zoning board of appeals or agency exercising the powers of any such commission or board in the same municipality, whether or not he is a member of the commission hearing such matter. 41!

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43 Avoid the Appearance of Bias!!! The Commission members must not create an atmosphere of hostility Be careful how your statements may be interpreted If you allow prejudice to flare at a public hearing, you are inviting the overturn of your decision and, even worse, money damages against your town Avoid the Appearance of Bias Especially critical where the flashpoint is a civil right issue all its own: religion, free speech (adult book stores or other entertainment uses or political signs), ethnic background, race, disability. Examples:!! Applications involving a Church, Synagogue, Mosque! Affordable housing application! Half-way house for juveniles transitioning out of prison or disabled persons recovering from alcohol or drug addiction! Half-way house for Treatment facility for persons suffering from Alzheimer s Disease! Residential facility for people who are developmentally disabled!! 43!

Predisposition! Must not publicly take a position on granting or denial of an application before the application has been formally heard and considered! Keep an open mind?

44 Predisposition! Must not publicly take a position on granting or denial of an application before the application has been formally heard and considered! Keep an open mind?%+(%#+,#()",+-010-# R10-+,R),+A)"3# 45! 4#()**+,,+)"01#+"+A&77.#10(/,0-#%+*,07T#,&.+"8#`>#-)"O'#020"#$&"'#')#%0&1#'%+,# R1)R),&7a#U/'#7&'01#R&1A(+R&'0-#+"#R1)(0,,# 95! 4#()**+,,+)"01#')7-#'%0#&RR7+(&"'#'%&'#%0# $&,#`$&,A"8#%+,#A*0#&"-#*)"0.a#U0(&/,0# %0#$)/7-#"0201#80'#&RR1)2&7# ;5! 9)'%# <5! D0+'%01# !"!#$%%&''&$()*+++!"!#$%%&''&$()*+++!,$-.!/)&-.)* 44!

45 ?%+(%#+,#()",+-010-# R10-+,R),+A)"3# 45! 4#()**+,,+)"01#+"+A&77.#10(/,0-#%+*,07T#,&.+"8#`>#-)"O'#020"#$&"'#')#%0&1#'%+,# R1)R),&7a#U/'#7&'01#R&1A(+R&'0-#+"#R1)(0,,# 95! 4#()**+,,+)"01#')7-#'%0#&RR7+(&"'#'%&'#%0# $&,#`$&,A"8#%+,#A*0#&"-#*)"0.a#U0(&/,0# %0#$)/7-#"0201#80'#&RR1)2&7# ;5! 9)'%# <5! D0+'%01# !"!#$%%&''&$()*+++!"!#$%%&''&$()*+++!,$-.!/)&-.)* Bias vs. Predetermination!!! Bias generally refers to a personal feeling of either favoritism or antipathy toward a particular person or position Predetermination or prejudgment is a predilection to vote for or against a particular application In certain cases bias and predetermination may both exist Definitions from What is Legally Required by Michael Zizka 45!

46 Is it Bias or Predetermination or both? The Town Planning and Zoning Commission opened a public hearing on a proposed amendment to the zoning regulations. Commissioner D submitted correspondence for the record at the hearing advocating denial of the pending amendment. He had previously sent the letter to many people in town. After the hearing ended and deliberations began, despite being warned by the town attorney not to introduce new evidence, Commissioner D set up easels and presentation boards stating why the application should be denied. He made the motion to deny the proposal and it passed. Did Commissioner D s actions constitute: 45!9+&,# 95! 610-0'01*+"&A)"### ;5! 9)'%# <5!D0+'%01# !"#$%!&'()(*('+#,$*#---!".*/!0(#*/(' 46!

47 Answer: It s up to the Court The decision is now under appeal on the ground that the proponents of the proposed revision were deprived of their Constitutional rights to a fair hearing. Recusal! Who decides if a member should recuse himself?! What is the basis for recusal?! Appointment of an alternate 47!

Court Remedies! Reversal of the commission s decision! Remand to the commission for a new hearing or a new vote without the conflicted member(s) participating!

48 Court Remedies! Reversal of the commission s decision! Remand to the commission for a new hearing or a new vote without the conflicted member(s) participating! Other remedies that the court deems appropriate based on the facts including, potentially, ordering approval of an application or issuance of a permit! Potential money damages if civil rights claims are made successfully! 4 things your staff wants you to know 1)! Always bring your tools (regulations) with you. 2)! Take time to read the POCD and your regulations. 3)! Be thoughtful and courteous during a meetings. Remember your role. 4)! Be prepared. 48!

49 Other Considerations-Make use of all available resources...and keep learning!! Sometimes there will be tough decisions 49!

50 Website: clear.uconn.edu 50!

Roles and. Bruce Hyde. University of Connecticut Department of Extension. October 26, 2013

Roles and. Bruce Hyde. University of Connecticut Department of Extension. October 26, 2013 Roles and Responsibilities of Land Use Commissions Roles and Bruce Hyde University of Connecticut Department of Extension October 26, 2013 Sources of Power American system derived from English system Sovereign