Sections in this category:
Town Code: General
Animals
Chapter 12. Animals
[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 135.
Streets, sidewalks and public places — See Ch. 169.
Town property — See Ch. 182.
[Adopted 5-21-2015]
§ 12-1. Purpose.
The purpose of this chapter is to provide for the control of dogs while they are off the premises of the owner and for the removal of dog feces from public property and from the private property of another, as defined herein.
§ 12-2. Definitions.
The dog is off the premises of the owner, and not on a leash, cord, chain, or other harness.
Any member of the canine species, male, female, neutered male or spayed female.
Any person or persons, firm, association, partnership, LLC or corporation having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to a dog, or in the case of a person under the age of 18, the person's parent or legal guardian. A dog shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days.
Property of any person or persons, firm, association, partnership, LLC or corporation, other than property of the owner or of the owner's family.
Town-owned property and all property used for public or municipal purposes, including parks, recreation areas, playing fields, school grounds, sidewalks, easements, rights-of-way, and the traveled portion of public streets and roads.
A dog individually trained to do work or perform tasks for the benefit of an individual with a disability as set forth by the United States Department of Justice ADA Requirements for Service Animals.
§ 12-3. Leashing of dogs.
Running at large.
All dogs must be on a leash or harness at all times on the following Town properties:
Scribner/Bisceglie Park (except trails).
Trout Brook Valley.
The school complex.
The Town Hall complex, including the library.
The Lachat Town Farm (lower field).
The Town of Weston Recreation office Jarvis Property.
Dogs must be on leash or harness on the following Town properties except as indicated:
The trails at Scribner/Bisceglie before 9:00 a.m. year round, and before 2:00 p.m. on weekdays, September to June.
Keene Park from July 1 through November 1.
Dogs are not allowed at the following Town properties:
Morehouse Farm Park.
The Lachat Farm (excluding the lower field).
All Department of Recreation playing fields.
All Town of Weston Department of Education playing fields.
Law enforcement excepted. The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies or organized Fire Department personnel or persons authorized by said agencies or departments to engage in search and rescue activity or training for any such activity.
Service dogs excepted. The provisions of this section shall not apply to service dogs.
Enforcement. The provisions of this section are designated for enforcement in accordance with Sections 7-148 and 7-152c of the Connecticut General Statutes as amended. The Town of Weston may institute civil proceedings to enforce the provisions herein contained. Pursuant to Section 7- 148(c)(10)(A) this section may be enforced by citation issued by a designated municipal officer or employee.
Penalties for offenses. Violations of this section may be punishable by fine. At his discretion, the Animal Control Officer may issue a verbal warning for a first offense. The fine shall be in an amount of $75 for each violation. If such fine is not contested pursuant to Section III hereof, it shall be paid within 30 days of the date of issuance of the citation. If a fine is not paid within 30 days of issuance or, if a hearing is requested, within 30 days of a decision sustaining the violation, then the amount of the fine shall be doubled.
§ 12-4. Disposal of dog waste.
Removal of dog waste. If any dog shall defecate upon any public property, or the private property of another, the owner of said dog shall immediately remove or cause to be removed from the property all feces deposited by said dog. If such feces are not removed, then the owner of said dog shall be deemed in violation of this section. These obligations shall not apply to the feces of a service dog accompanying a visually impaired person.
Penalties for offenses. Violations of this section shall be punishable by fine. The fine shall be in an amount of $50 for each violation. If such fine is not contested pursuant to Section III hereof, it shall be paid within 30 days of the date of issuance of the citation. If said fine is not paid within 30 days of issuance or, if a hearing is requested, within 30 days of a decision sustaining the violation, then the amount of the fine shall be doubled.
Enforcement. The provisions of this section are designated for enforcement in accordance with Sections 7-148 and 7-152c of the Connecticut General Statutes as amended. The Town of Weston may institute civil proceedings to enforce the provisions herein contained. Pursuant to Section 7-148(c)(10)(A) this section may be enforced by citation issued by a designated municipal officer or employee.
§ 12-5. Hearing procedure.
Pursuant to the provisions of Section 7-152c of the Connecticut General Statutes, as amended, the Town of Weston adopts the provisions authorized by Section 7-152c and establishes a hearing procedure, for violations cited under §§ 12-3 and 12-4 of this chapter, as follows:
Hearing officers. The First Selectman shall appoint one or more Hearing Officers. No person who serves as a police officer, member of the Police Commission, employee of the Police Department or person who issues citations shall serve as a Hearing Officer.
Notice of citation. The municipality, acting by the First Selectman or the First Selectman's designee, shall, at any time within 12 months from the expiration of the final period for uncontested payment of a fine, penalty, cost or fee for any citation issued under this chapter, send notice to the person cited. Such notice shall contain the following information:
The allegations against the person cited, together with the amount of the fines, penalties, costs, or fees due.
The fact that a person may contest his or her liability before a Hearing Officer by delivery in person or by mail of a written notice within 10 days from the date of the notice.
That if a hearing is not demanded, an assessment and judgment shall be entered against the person cited.
Any such judgment may issue without further notice.
Admission of liability. If an individual cited wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fines, penalties, costs and fees admitted to, in person or by mail, to an official designated by the First Selectman. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment.
Failure to demand hearing. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice shall be deemed to have admitted liability, and the designated municipal official shall certify such person's failure to respond to the Hearing Officer. The Hearing Officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances.
Request for hearing. Any person who requests a hearing within the time specified in this chapter shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than 15 nor more than 30 days from the date of the mailing of the notice, provided the Hearing Officer shall grant, upon good cause shown, any reasonable request by any interested party for postponement or continuance. An original or certified copy of the initial notice of violation shall be filed and retained by the municipality. The notice shall be deemed to be a business record within the scope of Section 52-180 of the Connecticut General Statutes and evidence of the facts contained therein. The presence of the issuing official or police officer shall be required at the hearing if the accused so requests. A person wishing to contest his or her liability shall appear at the hearing and may present evidence on his or her own behalf. A designated municipal official, other than the Hearing Officer, may present evidence on behalf of the municipality. Any person who fails to appear may be defaulted and have an assessment by default entered against him or her upon a finding of proper notice and liability under applicable statutes or ordinances. The Hearing Officer may accept from such person copies of police reports, investigatory and citation reports, and other official documents by mail and may determine thereby that the appearance of such person is unnecessary. The Hearing Officer shall conduct the hearing in the order and form and with such methods of proof as he or she deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The Hearing Officer shall announce his or her decision at the end of the hearing. If the Hearing Officer determines that the person is not liable, he or she shall dismiss the matter and enter the determination in writing. If the Hearing Officer determines that the person is liable for the violation, he or she shall enter and assess the fines, penalties, costs or fees against such person.
Notice of assessment. If the assessment is not paid on the date of its entry, the Hearing Officer shall send by first class mail a notice assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice assessment with the Clerk of the Superior Court facility designated by the Chief Court Administrator within the boundaries of the Judicial District in which the municipality is located, together with an entry fee of $8. A certified copy of the notice of assessment shall constitute a record of assessment. Within such twelve-month period assessment against the same person may be accrued and filed as one record of assessment. The Clerk of the Superior Court shall enter judgment in the amount of such record of assessment and court costs of $8 against such person in favor of the municipality. Notwithstanding any other provision of the Connecticut General Statutes, the Hearing Officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment, and a levy of execution on such judgment may be made without further notice to such person.
Appeal. There shall exist a right of appeal in favor of any person against whom an assessment has been entered pursuant to the provisions of this chapter. An appeal shall be instituted within 30 days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to Section 52-259 of the Connecticut General Statutes in the Superior Court designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the Judges of the Superior Court.
Ethics Code
Chapter 64. Ethics, Code of
[HISTORY: Adopted by the Town of Weston 12-3-1996, effective 1-2-1997. Amendments noted where applicable.]
§ 64-1. Purpose.
Weston is a community proud of its heritage and supportive of strong ideals. This Code of Ethics is established to foster the highest standards of ethical behavior on the part of all elected and appointed officials of the Town and all employees of the Town. Its purpose is to provide guidelines for our Town officials and employees by establishing standards of conduct for those people who participate in its decisionmaking processes. It is intended to promote the continuation of the tradition of good government in Weston. Adherence to the code will ensure that our government operates with integrity and fairness and in a manner deserving of the confidence which the citizens of Weston have bestowed upon those who hold responsibilities to our community.
§ 64-2. Definitions.
Any information concerning the property, business or affairs of the Town not generally available to the public which is obtained by reason of the public position or office held.
Any representation or promise to confer a benefit of something other than economic value upon another without the return or exchange of adequate and lawful consideration.
Any interest resulting from a Town action in which an individual, his/her relatives, through blood or marriage, or close business associate, either directly or indirectly, expects to derive a monetary gain which is more than nominal and not common to the interest of other citizens of the Town.
Anything of economic value, regardless of the form, given, exchanged or transferred without the return or exchange of adequate and lawful consideration. It does not include the solicitation, acceptance, receipt, or regulation of political campaign contributions regulated in accordance with provisions of federal, state, or local laws governing campaign finances.
Any interest resulting from a Town action in which an individual, his/her relatives, through blood or marriage, or close business associate, either directly or indirectly, expects to derive a benefit other than financial which is not common to the interest of other citizens of the Town.
Any municipal legislative, administrative, appointive or discretionary act of any employee of the Town or any agency, board, committee or commission thereof.
Any person providing services to the Town for salary or wages, including Board of Education employees.
Any person holding a position by election or appointment in the service of the Town, whether paid or unpaid, including members of any board, committee, or commission thereof.
§ 64-3. Standards of conduct.
Conflict of interest. No Town official or employee or his/her relatives, through blood or marriage, or close business associate shall engage in any Town action in which said official or Town employee has a financial or personal interest which is incompatible with the proper discharge of his duties in the public interest or which would tend to impair his independence of judgment or action in the performance of those duties. Nothing herein shall be construed to be less demanding than what is contained in the Weston Town Charter (Section 10.1), relevant state statutes, or state court decisions.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Gifts and favors. No Town official or employee or his/her relatives, through blood or marriage, or close business associate shall solicit or accept any gift or favor which might tend to influence the performance or nonperformance of said Town official's or employee's municipal duties. If it is impossible or inappropriate to refuse a gift, the gift shall become the property of the Town.
Appearance before Town agencies. No Town official or employee shall appear for his or her financial or personal benefit on behalf of the private interests of another person before any board, commission or agency of the Town, nor shall he represent the private interests of another in a Town action. Nothing herein shall prohibit a Town official or employee from appearing before any board, commission or agency of the Town on his own behalf. No relative, through blood or marriage, or close business associate of a Town official or employee shall appear before any board, commission, or agency for personal or financial interest or engage in any Town action where there is likely to be a perception of influence being exerted by such Town official or employee, without first securing an advisory opinion of the Board of Ethics.
Disclosure or use of confidential information. No Town official or employee shall disclose or use confidential information for the financial or personal interests of himself or others.
Incompatible employment. No Town official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his duties in the public interest or would tend to impair his independence of judgment or action in the performance of those duties.
Use of Town facilities. No Town official or employee shall request or permit the use of Town-owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business.
Obligations to citizens. No Town official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.
§ 64-4. Disclosure of interest.
When a Town official becomes aware of facts or circumstances which demonstrate that he has a financial or personal interest in a pending matter, then said individual shall recuse himself from and shall not take any action on or exert any influence with respect to the pending matter and shall so state that he is recusing himself on the record. If a board or commission member decides to recuse himself, then the individual need not disclose the nature of the conflict unless the conflict is so substantial and so impacts the integrity of the government process as to warrant further disclosure.
In the event the Town official becomes aware of facts or circumstances that suggest he may have a personal or financial interest in the pending matter but concludes that no interest, in fact, exists and that he intends to act, then said person must advise the board or commission, on the record, of the nature and details of his possible interest.
When an employee becomes aware of facts or circumstances which suggest that he has a financial or personal interest in a pending matter, perceived or otherwise, then he shall report to his immediate supervisor and the Town Administrator in writing that he has a conflict of interest with respect to the pending matter, the nature of said conflict, and whether he believes he is permitted to take any further action with respect to the pending matter. The Town Administrator shall decide whether the employee is permitted to act further in the matter, subject to a complaint to or request for an advisory opinion from the Board of Ethics.
§ 64-5. Board of Ethics.
Creation. There shall be established a Board of Ethics for the Town of Weston.
Membership. The Board shall consist of five members, none of whom shall hold any elective or appointive Town office or be an employee of the Town or be an officer of any political party. The members shall be electors of the Town and shall be appointed by the Board of Selectmen. No more than three members may be from the same political party. Vacancies in the membership of the Board shall be filled for the unexpired term in the same manner as regular appointments.
Officers. A Chairman, and any other officers deemed advisable by the Board of Ethics, shall be elected annually by the Board of Ethics. The Chairman shall preside over all Board meetings and may call special meetings as needed but otherwise shall have power equal to that of other Commission members.
Meetings. The Board shall establish regular meeting times, as needed. Special meetings may be called as needed by the Chairman or by any two members.
Duties. The Board shall:
Receive complaints of violations of this code, investigate the same, give the Town official and/or employee notice and an opportunity to be heard, make such findings as it may deem appropriate in each case as promptly as feasible, and make recommendations to the Board of Selectmen, with notice to the respective board, commission, or agency;
Render advisory opinions in writing to Town officials or employees who make a written request to the Board with respect to this code; and
Manage the distribution of this code and the training of the Town's officials and employees as to its provisions.
§ 64-6. Distribution of code.
The Town Clerk shall cause a copy of this Code of Ethics to be distributed to Town officials and employees upon their election, appointment, or hire.
Fees
Chapter 70. Fees
[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Aquifer protection area regulations — See Ch. 207.
Floodplain management regulations — See Ch. 212.
Inland wetlands and watercourses regulations — See Ch. 215.
Subdivision regulations — See Ch. 230.
Zoning regulations — See Ch. 240.
[Adopted 4-5-2006, effective 7-1-2006]
§ 70-1. Fee schedule.
[Amended 6-10-2013]
Pursuant to Connecticut General Statutes § 8-1c, as it may be amended from time to time, the following schedule of fees is hereby adopted. (Connecticut General Statutes § 22a-27j imposes a fee on certain land use applications. The fees listed herein are in addition to the state fee, where applicable.)
<table><colgroup><col align="left" width="70%"> <col align="left" width="30%"></colgroup><thead><tr><th align="left"><p><b>Application</b></p></th><th align="left"><p><b>Fee</b></p></th></tr></thead><tbody><tr><td align="left" colspan="2"><p><b>Planning and Zoning Commission</b></p></td></tr><tr><td align="left"><p>Home occupation</p></td><td align="left"><p>$75</p></td></tr><tr><td align="left"><p>Accessory apartment</p></td><td align="left"><p>$75</p></td></tr><tr><td align="left"><p>All other special permits</p></td><td align="left"><p>$250</p></td></tr><tr><td align="left"><p>Subdivision, per lot</p></td><td align="left"><p>$250</p></td></tr><tr><td align="left"><p>Fill and excavation (less than 1,000 cubic yards)</p></td><td align="left"><p>$150</p></td></tr><tr><td align="left"><p>Fill and excavation (more than 1,000 cubic yards)</p></td><td align="left"><p>$250</p></td></tr><tr><td align="left"><p>Site plan review</p></td><td align="left"><p>$150</p></td></tr><tr><td align="left"><p>Lot development</p></td><td align="left"><p>$100</p></td></tr><tr><td align="left"><p>Zoning permit</p></td><td align="left"><p>$50</p></td></tr><tr><td align="left"><p>Demolition</p></td><td align="left"><p>$100</p></td></tr><tr><td align="left"><p>Zoning amendment</p></td><td align="left"><p>$250</p></td></tr><tr><td align="left"><p>Floodplain application</p></td><td align="left"><p>$100</p></td></tr><tr><td align="left"><p>Aquifer application</p></td><td align="left"><p>$100</p></td></tr><tr><td align="left" colspan="2"><p><b>Zoning Board of Appeals</b></p></td></tr><tr><td align="left"><p>Variance</p></td><td align="left"><p>$100</p></td></tr><tr><td align="left"><p>Appeal from Zoning Enforcement Officer</p></td><td align="left"><p>$100</p></td></tr><tr><td align="left"><p>DMV licenses</p></td><td align="left"><p>$100</p></td></tr><tr><td align="left" colspan="2"><p><b>Conservation Commission</b></p></td></tr><tr><td align="left"><p>Conservation planner site visit</p></td><td align="left"><p>$50</p></td></tr><tr><td align="left"><p>Administrative review process</p></td><td align="left"><p>$100</p></td></tr><tr><td align="left"><p>Lot (subdivisions only)</p></td><td align="left"><p>$200</p></td></tr><tr><td align="left"><p>Significant activity (<500 square feet)</p></td><td align="left"><p>$300</p></td></tr><tr><td align="left"><p>Substantial activity (>500 square feet)</p></td><td align="left"><p>$600</p></td></tr><tr><td align="left"><p>Subdivisions, commercial activities, and major civil works</p></td><td align="left"><p>$1,000 + $600/lot</p></td></tr></tbody></table>§ 70-2. Support service fee.
[Amended 6-7-2007, effective 7-5-2007; 6-3-2008, effective 7-1-2008]
The Weston Planning and Zoning Commission, the Weston Zoning Board of Appeals, and/or the Weston Conservation Commission may require the services of outside consultants to evaluate or supplement application materials. Technical areas subject to such services include, but are not limited to, soil studies, water studies, traffic studies, building plans, engineering studies, surveys, etc.
The decision to require the support service fee shall be by affirmative vote of no fewer than five members of the Planning and Zoning Commission, or no fewer than five members of the Conservation Commission, unless there are only four members qualified to vote, then a unanimous vote is required. The decision to require the support service fee shall be by affirmative vote of no fewer than four members of the Zoning Board of Appeals. The fees for any outside consultant(s) shall be borne entirely by the applicant and shall be deposited with the Town prior to review of such application.
The applicant shall deposit 150% of the estimated cost of review of such application by such outside consultant(s), based on a preliminary estimate determined by a qualified party or expert, prior to review of such application. Upon completion of the technical review by the outside consultant(s), the Town shall determine the costs incurred for the review and refund the excess monies to the applicant. The applicant will not be responsible for any costs incurred for technical assistance which exceed 150% of the collected estimate. The effective date of this section shall be July 1, 2008. This section shall expire on June 30, 2009, unless sooner extended by specific vote of the Board of Selectmen.
Editor's Note: By vote of the Board of Selectmen on 5-7-2009, the support service fee was extended to 6-30-2011. By vote of the Board of Selectmen on 5-23-2011, the support service fee was extended to 6-30-2013. By vote of the Board of Selectmen on 6-10-2013, the support service fee was extended to 6-30-2017.
§ 70-3. Failure to comply.
Failure to comply with the provisions of this article will result in denial of the application.
Finance
Chapter 75. Finance
[HISTORY: Adopted by the Town of Weston 2-3-1981 as § 2-2 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Finance and taxation — See Charter Art. 9.
Taxation — See Ch. 179.
§ 75-1. Fiscal year.
The fiscal year for the Town shall be July 1 to June 30 in each year, in compliance with the provisions of Title 7, Chapter 110, of the General Statutes.
Taxation
Chapter 179. Taxation
[HISTORY: Adopted by the Town of Weston as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Finance and taxation — See Charter Art. 9.
[Adopted 10-5-1959 (§ 10-1 of the 1981 Code)]
§ 179-1. Single payment required.
Any property tax due to the Town in an amount not in excess of $50 shall be payable in a single annual installment.
[Adopted 1-10-1978 (§ 10-2 of the 1981 Code)]
§ 179-2. Exemption granted; application.
All properties which shall be acquired by any organization given a property tax exemption by any of Subsections (7) to (16), inclusive, of § 12-81 of the General Statutes shall be exempt from taxation from the date of conveyance to such organization. A tax-exempt organization, as defined in § 12-81(7) to (16) of the General Statutes, shall apply for exemption in writing to the Tax Collector. Such application shall contain all information that the Tax Collector requires, including certified copies of instruments of conveyance to the applicant.
[Adopted 1-11-1978 (Ch. 10, Art. III, of the 1981 Code)]
§ 179-3. Definitions.
SOLAR ENERGY HEATING OR COOLING SYSTEM
Equipment, including windmills and water wheels, which provides for the collection, transfer, storage and use of incident solar energy for water heating, space heating or cooling which absent such solar energy system would require a conventional energy resource, such as petroleum products, natural gas or electricity, and which meets standards established by regulation by the Secretary of the Office of Policy and Management.
§ 179-4. Exemption authorized.
In addition to other tax exemptions provided by law, the Town hereby authorizes a property tax exemption for any building or addition to a building as provided in this article.
§ 179-5. Exemption granted; time frame.
Any building or addition to a building, the construction of which is commenced on or after October 1, 1976, and before October 1, 1991, which is equipped with a solar energy heating or cooling system, shall be exempt from taxation to the extent of the amount by which the assessed valuation of such real property equipped with such solar heating or cooling system exceeds the assessed valuation of such real property equipped with the conventional portion of the heating or cooling system, exclusive of any portion of such system related to solar energy, provided that this exemption shall only apply to the first 15 assessment years following construction of such building or addition.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 179-6. Filing of claim.
Any person who desires to claim the exemption provided in this article shall file with the Assessor, within 30 days following the first assessment date and the annual assessment date thereafter, written application claiming such exemption on a form as prescribed by the Assessor. Failure to file such application each year in said manner and form within the time limit prescribed shall constitute a waiver of the right to such exemption for that assessment year.
§ 179-7. Compliance with construction requirements.
Any such solar energy system, wind power system, or water power system should be constructed in accordance with applicable building codes and zoning regulations and appropriate permits obtained where necessary before any such exemption shall be granted.
Editor's Note: See Ch. 27, Building Construction, and Ch. 240, Zoning Regulations.
[Adopted 11-2-2000, effective 11-30-2000]
§ 179-8. Authority; abatement granted; limitations.
In accordance with Connecticut Public Act 99-272, Section 6, the Tax Collector's office shall provide a property tax abatement ("property tax abatement"), in an amount calculated as set forth below, to each individual who is, as of each determination date, an active emergency services volunteer and is otherwise eligible. Such abatement shall be applied, up to the whole thereof, to the first installment of tax due from the emergency services volunteer following the determination date, and any remaining balance thereof shall be applied to the second installment of tax due following the determination date. Such tax abatement shall in no event exceed such individual's total property tax payment liability or be construed to carry over from year to year. An emergency services volunteer who is delinquent in the payment of property tax shall not be eligible to receive an abatement hereunder.
Editor's Note: See § 12-81W of the Connecticut General Statutes.
§ 179-9. Definitions.
Full and active membership in one or more of the emergency service organizations in accordance with the bylaws of such organization and possessing the appropriate certification to provide emergency services in accordance with the respective emergency service organization's bylaws and any applicable state or federal law. The term "active" shall specifically exclude any emergency service volunteers who are deemed probationary ("probationary emergency service volunteers") in accordance with the respective emergency service organization's bylaws.
A bona fide response to a broadcast request issued from the Weston emergency dispatch office to an emergency incident and bona fide participation in a community service event utilizing emergency response apparatus.
January 1 of each year.
EMERGENCY SERVICE ORGANIZATION
Includes the recognized EMS, fire rescue, and fire police organizations serving the Town of Weston.
Includes any individual actively engaged in one or more of the emergency service organizations. In no event shall participation in more than one emergency service organization entitle an emergency service volunteer to a property tax abatement of more than $1,000.
MEDICAL DISABILITY or MEDICALLY DISABLED
The inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration.
The duly elected Chief or the EMS Operations Officer, as appropriate, of the Weston Volunteer Fire Department.
The aggregate of calls attended between the determination date of the previous year and the determination date of the current year.
TOTAL PROPERTY TAX PAYMENT LIABILITY
The aggregate of all property tax, whether assessed against real or personal property, payable to the Town of Weston by an emergency service volunteer.
§ 179-10. Points.
Total points ("total points") shall be the sum of points (each a "point") accumulated from the determination date of the previous year until the determination date of the current year. Points shall be assessed in accordance with the following table:
| Type of Service | Points Assessed |
|---|---|
| Call (as defined above) commencing between the hours of 6:00 a.m. and 6:00 p.m. | 3 |
| Call (as defined above) commencing between the hours of 6:01 p.m. and 5:59 a.m. | 2 |
| Monthly drill or meeting | 1 |
| Weekly drill | 1 |
| Possession of Fire Fighter I or II certification | 10 each |
| Possession of EMT certification | 10 |
| Possession of HAZMAT Operational, MRT, MAST or DEFIB certification | 5 each |
| Each hour of training not otherwise recognized hereunder and approved in writing by the senior operational authority of the applicable emergency service organization | 1 |
| Each year of active service | 1 |
| Elective office (line or civil, fire or EMS) as set forth in the bylaws of the Weston Volunteer Fire Department | 10 |
| Membership and participation in the group of EMS personnel which is scheduled to respond to emergency incidents during a certain period (e.g., night duty) | 1/3 |
| Chairmanship of a standing committee as defined in the bylaws of the Weston Volunteer Fire Department | 5 each |
| 1 |
§ 179-11. Determination of abatement amount.
Entitlement to, and amount of, property tax abatement shall be determined in accordance with the following table:
| Level | Total Calls | Total Points | Amount of Property Tax Abatement | |
|---|---|---|---|---|
| 1 | 30 | 100 or more | $1,000 | |
| 2 | 20 | 75 to 99 | $750 | |
| 3 | 10 | 50 to 74 | $500 | |
| 4 | 6 | 30 to 49 | $250 |
An emergency service volunteer must meet both the total calls and the total points requirement of a given level as set forth above in order to qualify for that level's amount of property tax abatement.
§ 179-12. Household abatement.
In the event an active emergency service volunteer who is otherwise entitled to a property tax abatement lacks such amount in total property tax payment liability in his or her name, such individual's spouse, who is domiciled with him or her, whether or not such spouse is an active emergency service volunteer, shall be entitled to receive the balance up to such spouse's total property tax payment liability.
In the event an active emergency service volunteer entitled to a property tax abatement is domiciled with and is the spouse or child of another active emergency service volunteer entitled to a property tax abatement, each shall be entitled to the full amount to which he or she would otherwise be entitled.
§ 179-13. Death and disability.
Any emergency service volunteer having a medical disability who has been active for an aggregate of 30 or more years and who is active at the determination date shall be entitled to the maximum property tax abatement of $1,000.
Any emergency service volunteer who has been medically disabled in the line of duty and has been active for an aggregate of five or more years shall be entitled to the maximum property tax abatement of $1,000 for the remainder of his or her lifetime.
The spouse of any emergency services volunteer who is killed in the line of duty shall be entitled to the maximum property tax abatement of $1,000 for the remainder of his or her lifetime.
§ 179-14. Probationary emergency service volunteers.
Probationary emergency service volunteers may accumulate points and calls but shall in no event be entitled to a property tax abatement unless he or she is active on the determination date and is otherwise eligible.
§ 179-15. Other abatements.
This property tax abatement shall be in addition to and not a limitation of any other tax abatement, rebate, exemption, or other discount to which any emergency service volunteer may be entitled.
§ 179-16. Interpretation.
Any disputes regarding the construction, interpretation, or administration of this article shall be resolved by a duly constituted meeting of the Weston Volunteer Fire Department Executive Committee and/or the EMS Executive Committee, as appropriate, its decision being subject to the review and approval of the Weston Board of Selectmen.
§ 179-17. Certification.
Certification of an active emergency service volunteer's eligibility hereunder shall be delivered to the Tax Collector's office on or before May 15 of each year by the Executive Committee of the Weston Volunteer Fire Department.
§ 179-18. Effective date.
This article shall take effect and shall be applicable to the tax installment due in July of the year 2001.
[Adopted 8-7-2008, effective 9-4-2008]
§ 179-19. Purpose.
§ 179-20. Determination of tax relief.
Any veteran entitled to an exemption from property tax in accordance with Connecticut General Statutes § 12-81(19) shall be entitled to an additional exemption applicable to the assessed value of such veteran's property, in the amount of 10% of such assessed value, provided that such veteran's qualifying income does not exceed by more than $25,000, as provided in Connecticut General Statutes § 12-81f(a), the maximum applicable amount provided in Connecticut General Statutes § 12-81l.
Any veteran's surviving spouse entitled to an exemption from property tax in accordance with Connecticut General Statutes § 12-81(22) shall be entitled to an additional exemption applicable to the assessed value of the surviving spouse's property, in the amount of 10% of such assessed value, provided that such surviving spouse's qualifying income does not exceed by more than $25,000, as provided in Connecticut General Statute § 12-81f(b), the maximum applicable amount to an unmarried person as provided in Connecticut General Statutes § 12-81l.
Disabled veterans may qualify for property tax exemptions pursuant to Connecticut General Statutes § 12-81(20) and § 12-81(21).
The Board of Selectman, by majority vote, has the discretion to adopt changes to this article as it may be permitted, in the future, by amendment to the statutes regarding veterans' tax relief.
§ 179-21. Application.
An application for a tax relief under this article shall be accompanied by a copy of the applicant's filed federal income tax return for the year immediately preceding, a properly executed IRS Form 4506 (request for copy of tax form), together with such other verification of income, financial affidavits, and sworn schedule of assets as the Tax Assessor may require.
The applicant shall provide to the Tax Assessor evidence of service in the armed forces by exhibiting to the Tax Collector an original or certified copy of his honorable discharge, or in the absence of such discharge or copy, by following the guidelines found in Connecticut General Statute § 12-93.
An application, together with such information required to determine eligibility for relief as stated in § 179-20, shall be filed with the Tax Assessor each year on or before October 1 in the year of application (except that, if October 1 shall fall on a Saturday, Sunday, or legal holiday, the date for filing such application shall be extended to the next business day after October 1). No extensions of time for filing said application will be provided.
The relief provided under this article is in addition to any other tax relief for which a veteran might qualify.
§ 179-22. No conflict with state statute.
This article shall not be construed to conflict with any state statute, rule or regulation.
[Adopted effective 6-2-2011 (Ch. 10, Art. II, of the 1981 Code)]
§ 179-23. Grant of tax relief; annual review.
The Town hereby enacts tax relief for the elderly pursuant to § 12-129n of the General Statutes for eligible residents of the Town for the fiscal years commencing July 1, 1979. This article shall be subject to an annual review by the Board of Selectmen on or before its anniversary date.
§ 179-24. Persons entitled to relief.
Any person who owns real property within the Town or who is liable for the payment of taxes thereon pursuant to § 12-48 of the General Statutes and who occupies said real property as a resident shall be entitled to tax relief pursuant to § 12-129n of the General Statutes, provided that they meet the conditions of eligibility set forth in this article.
§ 179-25. Conditions of eligibility.
No tax relief shall be provided unless and until the applicant shall meet all of the following conditions to the satisfaction of the Tax Collector of the Town:
Such person is 65 years of age or over by December 31 of the preceding year, or such person's spouse is 65 years of age or over by December 31 of the preceding year and resides with such person.
Such person has resided at and paid real estate taxes on a residence located in the Town for a period of one year prior to such person's application for tax relief under the abatement and deferment programs and for a period of 10 years under the tax freeze program.
The real property for which the tax relief is claimed is the house and house-lot which is the principal residence of such person and is occupied more than 183 days of each year by such person.
Such person shall have applied for real property tax relief under any state statutes for which such person is eligible. If such applicant has not applied for such tax relief under any state statute because such person is not eligible, the applicant shall so certify by filing on a form acceptable to the Tax Collector an affidavit testifying to such person's state ineligibility.
The application for tax relief has been made after such person has become eligible to apply as provided herein.
Provision shall be made for the rights of the surviving spouse of the taxpayer, as provided in § 12-129n of the General Statutes, whereby a person who is 60 years of age or over by December 31 of the preceding year is qualified for tax relief under this article if such person is the surviving spouse of a taxpayer who qualified for tax relief under this article or a previous ordinance at the time of such taxpayer's death.
As to any parcel of real estate, no relief granted pursuant to this article shall exceed in the aggregate, the maximum relief allowed under § 179-26 of this article. In any case where title to such real property is recorded in the name of an applicant (or the applicant and his or her spouse who is eligible for a tax abatement) and any other person or persons (including a corporation or banking institution), such tax relief shall be prorated to the fractional share of such real property owned by such applicant (or the applicant and his or her eligible spouse). If such real property is a multiple-family dwelling, such relief shall be prorated to reflect the fractional portion of such real property occupied by such applicant (or the applicant and his or her eligible spouse) as provided by state law. Where one or more co-owners occupy said real property as their principal residence, the income of all such co-owners shall be included in the calculation of eligibility, and, if eligible, shall be entitled to a pro rata tax abatement equal to their fractional share of ownership.
No tax relief shall be given under this article to any person who owes delinquent taxes to the Town. For purposes of this article taxes abated, deferred or frozen pursuant hereto shall not be considered delinquent.
§ 179-26. Maximum relief.
No tax relief provided to a person by this article, together with all other real property tax relief benefits obtained by said person from the state pursuant to state law, shall exceed a total amount in dollars calculated by multiplying $400,000 times the annual mill rate (as set by the Board of Finance following the annual Town budget meeting) times 75% or an amount calculated in accordance with § 179-27, whichever is lesser.
The aggregate of all abatements, plus all deferments, plus all tax freezes for a given fiscal year shall not exceed $600,000. This article and the aggregate limits set in it are subject to adjustments by a majority vote of the Board of Selectman with the approval of the Board of Finance.
All abatement requests will be funded first, followed by deferral requests, and if the requests for any program exceed the aggregate limit, then such requests will be prorated.
§ 179-27. Types of tax relief; eligibility.
Tax relief shall be in the form of an abatement (forgiveness of a portion of the tax due), deferment (postponement of payment of a portion of the tax due), freezing (delaying increases) or a combination thereof.
Abatement.
No applicant shall be entitled to an abatement of taxes where the applicant has a net worth (based on the Assessor's full fair market valuation of the property, plus the applicant's and his or her spouse's other real and liquid assets, less the outstanding balance on mortgages and/or loans) in excess of $1,000,000.
An applicant whose income as defined in § 179-25G of this article does not exceed $37,000 shall be entitled to an abatement not to exceed a maximum of 75% of the tax due.
An applicant whose income as defined in § 179-25G of this article does not exceed of $49,000 shall be entitled to an abatement not to exceed a maximum of 60% of the tax due.
Deferment.
An applicant shall be entitled to a deferment of taxes due even where the applicant's net worth exceeds $1,000,000, provided that all applicable conditions have been met. The maximum assessed value of any property eligible for tax deferment under this Subsection B shall be $400,000. In the event that an applicant meets the conditions set forth in this subsection, the Tax Collector of the Town shall record on the land records a lien against the benefited property in favor of the Town in the amount of the deferral amount.
An applicant whose income as defined in § 179-25G of this article does not exceed $75,000 shall be entitled to a deferment not to exceed a maximum of 75% of the tax due.
An applicant whose income as defined in § 179-25G of this article does not exceed $100,000 shall be entitled to a deferment not to exceed a maximum of 50% of the tax due.
An applicant whose income as defined in § 179-25G of this article does not exceed $125,000 shall be entitled to a deferment not to exceed a maximum of 25% of the tax due.
An applicant who qualifies for an abatement of 60% under § 179-27A(3) of this article may also apply for a deferment of taxes in an amount not to exceed 15% of the tax due.
Freezing.
An applicant shall have the real estate taxes frozen at the level of the tax due for the year immediately preceding the date the homeowner applies as provided herein, even where the applicant's net worth exceeds $1,000,000, provided that all applicable conditions have been met. The freeze shall apply to the taxes owed on the first $800,000 of assessed value. In the event that an applicant meets the conditions set forth in this subsection, the Tax Collector of the Town shall record on the land records a lien against the benefited property in favor of the Town in the amount of the frozen amount. This article and the limits on assessed value may be adjusted by a majority vote of the Board of Selectmen with the approval of the Board of Finance.
An applicant whose income as defined in § 179-25G of this article does not exceed $100,000 shall be entitled to a tax freeze. However, this income amount may be adjusted by a majority vote of the Board of Selectman with the approval of the Board of Finance.
§ 179-28. Limitations of relief.
The Tax Collector shall deduct from the tax bill of each person who shall have satisfied all of the conditions as above set forth the amount calculated in accordance with §§ 179-26 and 179-27, except that a lesser deduction shall be made when and to the extent required to insure that:
No person's normal real estate tax shall have been reduced by more than 75% by virtue of said relief provided by this article, together with all real property tax relief benefits obtained by said person from the state pursuant to state law.
The total tax relief granted under the provisions of this article for any tax year shall not exceed an amount equal to the maximum percentage of the total real property tax assessed in the Town in the preceding year as set forth in § 12-129n(c) of the Connecticut General Statutes, as may be amended from time to time. In the event that the total of such relief shall exceed said maximum percentage, then the total of such relief shall be reduced to an amount not to exceed said maximum amount, and each person receiving tax relief shall have his/her relief reduced on a pro rata basis.
§ 179-29. Lien rights; interest.
Lien.
Deferment. Any taxpayer whose taxes have been deferred pursuant to § 179-27B of this article shall be deemed to have consented to the placement against the real property for which relief is sought a lien in the amount of the tax deferment granted under this article. Any tax deferred under this article, together with interest and fees thereon, shall be due and payable in full within 14 years from the effective date of the lien or upon the sale or transfer of all or any interest in said real property or upon the death of the owner (unless another qualifying owner occupies the real property, then, in that event, upon the death of the qualifying owner) whichever shall occur sooner. In the event that it becomes necessary to institute legal proceedings to collect/foreclose such a lien, the Town shall be entitled to any legal fees and costs allowed by law.
Freeze. Any taxpayer whose taxes have been frozen pursuant to § 179-27C of this article shall be deemed to have consented to the placement against the real property for which relief is sought a lien in the amount of the tax freeze granted under this article. Any tax frozen under this article, together with fees thereon, shall be due and payable in full within 14 years from the effective date of the lien or upon the sale or transfer of all or any interest in said real property or upon the death of the owner (unless another qualifying owner occupies the real property, then, in that event, upon the death of the qualifying owner) whichever shall occur sooner. In the event that it becomes necessary to institute legal proceedings to collect/foreclose such a lien, the Town shall be entitled to any legal fees and costs allowed by law.
Interest.
Deferment. Any such lien described in § 179-29A(1) of this article shall bear simple interest at an annual rate of prime plus 50 basis points (1/2%). The interest rate for the current fiscal year can be reduced by the Board of Selectmen, but not raised, retroactively during the year if economic conditions warrant it. The rate of interest shall not exceed the rate permitted municipalities for delinquent taxes as set forth in § 12-145 and § 12-146 of the Connecticut General Statutes as may be amended from time to time.
Freeze. Any such lien described in § 179-29A(2) of this article shall bear no interest.
§ 179-30. Annual filing of application.
Deadline.
Abatement. In order to be entitled to an abatement as provided herein, an application must be filed with the Tax Collector of the Town each year after such person or such person's spouse reaches the age of 65 years and on or before May 15 in the year of application (except that, if May 15 shall fall on a Saturday, Sunday, or legal holiday, the date for filing such application shall be extended to the next business day after May 15). The Tax Collector shall notify the applicant in writing of the acceptance or denial of the application.
Deferment. In order to be entitled to a deferment as provided herein, an application must be filed with the Tax Collector of the Town each year after such person or such person's spouse reaches the age of 65 years and on or before May 15 in the year of application (except that, if May 15 shall fall on a Saturday, Sunday, or legal holiday, the date for filing such application shall be extended to the next business day after May 15). The Tax Collector shall notify the applicant in writing of the acceptance or denial of the application.
Freeze. In order to be entitled to a freeze as provided herein, an application must be filed with the Tax Collector of the Town each year after such person or such person's spouse reaches the age of 65 years and on or before May 15 in the year of application (except that, if May 15 shall fall on a Saturday, Sunday, or legal holiday, the date for filing such application shall be extended to the next business day after May 15). The Tax Collector shall notify the applicant in writing of the acceptance or denial of the application.
Supporting documentation. An application for tax relief benefits under this article shall be accompanied by a copy of the applicant's filed federal income tax return for the immediately preceding year, a properly executed IRS Form 4506 (request for copy of tax form), together with such other verification of income, financial affidavits, and sworn schedule of assets as the Tax Collector may require. Falsely reporting total income or information in connection with requesting tax relief may result in loss of benefits provided pursuant to this article.
§ 179-31. Income ceiling adjustment.
In determining income eligibility levels to qualify for tax abatement, deferment and/or freeze, an applicant's income will be adjusted downward for medical expenses which exceed the 7 1/2% of adjusted gross income as permitted by the Internal Revenue Service.
§ 179-32. Confidentiality of information filed by applicant.
To the extent permitted by applicable state and federal law, applications filed under this article shall be afforded the same confidentiality by the Tax Collector's office as is required to be afforded to applications for tax benefits under § 12-170aa(f) of the Connecticut General Statutes.
Town Property
Chapter 182. Town Property
[HISTORY: Adopted by the Town of Weston 3-6-1971 (§ 2-3 of the 1981 Code). Amendments noted where applicable.]
§ 182-1. Exemption from Zoning Regulations.
All municipal property of the Town is hereby exempt from the Zoning Regulations as amended, prescribed, or to be prescribed by the Planning and Zoning Commission of the Town.
Editor's Note: See Ch. 240, Zoning Regulations.