Permitted use subject to approval of Town Council pursuant to
§ 177-42B and subject to
§ 177-42B.
Joint hearings.
(1) Whenever any proposed development, or group of developments within the Town of West Hartford requires review and/or decision by any combination of the Town Council, Plan and Zoning Commission, Inland Wetlands and Watercourses Agency and/or Zoning Board of Appeals, those agencies may hold joint hearings with respect to some or all of the applications and/or other matters before them when it appears that such joint hearings may be beneficial.
(2) Whenever practicable, consolidated notice of the joint hearing, whether by sign, mail or publication, shall be given; however, such notice shall be in accord with the requirements applicable to each of the applications and/or other matters to be considered. When the notice requirements applicable to the various applications in question are inconsistent such that consolidated notice is impracticable, each participating agency shall be responsible for providing separate notice of the hearing, but such notices shall identify the proceeding as a joint hearing.
(3) The following procedures shall be applied to any joint hearings held pursuant to this subsection:
(a) The Chairpersons of each participating agency shall determine in advance who shall chair the joint hearing.
(b) A quorum of the membership of each participating agency shall be required to commence the hearing and shall be required at all times during the hearing. Procedural motions regarding the conduct of the hearing shall be decided by a majority vote of all persons present and participating in the hearing. All other procedural and substantive issues shall be decided separately by each participating agency with respect to each application and/or other matter which is the subject of the joint hearing.
(c) An alternate member or members of any participating agency may be seated in lieu of a regular member or members thereof in accord with the procedures of that participating agency. Additional alternate members of any participating agency may participate in the hearing, at the discretion of the Chairperson of that participating agency, but such additional alternate members shall only participate in the deliberation and/or decision in the event that a seated regular or alternate member of that participating agency is unable to do so.
(d) Notwithstanding any other provision in this Code of Ordinances to the contrary, any agency participating in a joint hearing which is required to provide a report, recommendation, decision and/or approval to any other agency with respect to any application and/or other matter which is the subject of the joint hearing may take such action and/or provide such report, recommendation, decision or approval at any time prior to final decision by the participating agency which is to receive said report, recommendation, decision and/or approval. In the event that any participating agency is required to close its hearing, is required to complete its decision or is otherwise required to terminate any step in the approval process with respect to one or more applications and/or other matters which are included in the joint hearing process, the Chair of that agency may declare the hearing to be closed with respect to those applications and/or other matters and the joint hearing process may continue with respect to all remaining applications and/or other matters.
(e) The most current edition of Robert's Rules of Order shall be followed with respect to the procedure for the conduct of joint hearings. Where the circumstances surrounding a particular joint hearing process warrant the establishment of specific rules for the conduct of that hearing, however, the Chairs of each participating agency may agree upon such rules in advance of, or during the hearing process as the need therefor arises, in which case any such rules shall be announced upon the record of the hearing and shall be applied thereafter unless rescinded by agreement of the Chairs of the participating agencies.
(f) Each participating agency shall meet separately to deliberate and decide the application(s) regarding which it has jurisdiction.
