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Updated through the 2005 Supplementary Pamphlet
Chapter 1 - Declaration of Purpose and Policy
Chapter 2 - Definitions
Chapter 3 - Land Use Commission
Chapter 4 - Preliminary Screening and Approval Procedure
Chapter 5 - Permit Process and Procedure
Chapter 6 - Permit Conditions
Chapter 7 - Certificate of Occupancy or Completion
Chapter 8 - Variance
Chapter 9 - Monitoring
Chapter 10 - Enforcement
Chapter 11 - Appeal Process and Procedure
Chapter 12 - Effective Date and Application
Chapter 13 - Land Use Regulatory Standard for New Housing Projects
CHAPTER 1. DECLARATION OF PURPOSE AND POLICY
Section 1. Goals and Jurisdiction
The Tribal Council declares its commitment to establish and maintain the policies and procedures established herein to promote the health, safety, and welfare of the Mashantucket Pequot Tribe and the natural resources of the Tribe. The Tribal Council declares that the goal of this Land Use Law is to guide and facilitate, in a timely and efficient manner, tribal development that has the potential to affect the environment, the general health, safety and welfare of the Tribe. The Tribal Council declares that the policies and procedures established herein shall apply to all land use activities and projects on the Mashantucket Pequot Reservation and trust lands.
Section 2. Policies
The Tribe recognizes the critical importance of establishing sound, uniform land use procedures to govern development of or upon tribal lands, thus ensuring the overall welfare of the Tribe and maintaining environmental quality throughout all land use activities or projects. In all land use activities and projects, the Tribe shall:
a. diligently advocate achievement of self-determination and self-governance;
b. protect and enhance both human and natural resources for succeeding generations;
c. promote beneficial land uses without environmental degradation, risk to health or safety, or other undesirable and unintended consequences;
d. preserve the Tribe's historical, cultural, and natural resources; and
e. facilitate timely, efficient and safe development of approved and permitted Land Use activities.
a. "Administrative Review" means an abbreviated review and permitting procedure for Residential Use only, whereby the commissioner may, at his/her discretion, issue a permit without commission approval.
b. "Appellant" means the Person appealing a decision of the commissioner or commission to the appeal board.
c. "Applicant" means the Person responsible for a Land Use activity or project or any Person designated by the Tribal Council as being responsible for completing any activities and projects.
d. "Commercial and/or Government Community Use" means any structure or activity that is not for Residential Use as defined herein.
e. "Commission" means the Mashantucket Pequot Tribal Land Use Commission.
f. "Commissioner" means the Commissioner of the Mashantucket Pequot Tribal Land Use Commission.
g. "Land Use" means activities such as zoning; real property development, including the construction or modification of structures; and any activity or project that has the potential to affect the environment or the health, safety, or general welfare of the Tribe.
h. "Permit" means the whole or any part of any license, certificate, approval or similar form of permission which may be required of any person by provisions of this Land Use law.
i. "Permittee" means the person listed on a permit as being responsible for any Land Use activity or project.
j. "Person" means any tribal member, tribal employee, individual, partnership, firm, company, subcontractors or contractors, corporation, association, organization, estate, governmental entity or any other legal entity or its representative, agents or assigns. Use of the singular shall also include the plural.
k. "Potential to Affect the Environment" means any activity or project that alters the chemical, physical, and biological integrity of the natural environment and its resources.
l. "Potential to Affect the General Health, safety or welfare of the Tribe" means any activity or project that has any affect, harmful or beneficial, on the general health, safety or welfare of the Mashantucket Pequot Tribe.
m. "Residential Use" means any structure or activity with a primary purpose to provide sleeping and eating quarters for people residing therein or any structure or activity directly adjacent to the same. Said structures shall be limited to dwelling units that have no more than four dwelling units in one structure.
n. "Tribal Council" means the governing body of the Mashantucket Pequot Tribe.
o. "Tribal Land Use Regulations" means the standards and procedures prescribed by Tribal programs in accordance with this Law and approved by the Mashantucket Pequot Tribal Council. Tribal Land Use Regulations shall include all tribal programs standards and procedures existing upon the effective date of this Law and those adopted after the effective date of this Law.
p. "Tribal Programs" means the duly established governmental departments, divisions, agencies or enterprises of the Mashantucket Pequot Tribe.
q. "Tribal Lands" means the Mashantucket Pequot Reservation and trust lands.
r. "Tribal Policies" means the policies set forth in this Law.
CHAPTER 3. LAND USE COMMISSION
Section 1. Establishment
There is hereby established a Land Use Commission (the "Commission") which shall operate as an administrative and enforcement arm of the Mashantucket Pequot Tribal Council.
Section 2. Authority
The Commission shall have the authority to regulate all land use activities and projects on tribal lands. The Commission shall have the authority to review for compliance with this Law any and all land use activities and projects on tribally owned fee lands. The Commission shall have the specific authority to:
a. oversee the promulgation of and assist in the development of tribal land use regulations for Tribal Council's review and approval;
b. coordinate and supervise the timely and efficient review and processing of permit applications;
c. issue Permits and certificates of occupancy or completion;
d. review and monitor all land use activities and projects on tribal lands;
e. enforce compliance with a permit through tribal policies and tribal land use regulations; and
f. enforce compliance with tribal policies and tribal land use regulations by issuing administrative orders to any land use activity or project that has not been issued a permit, which may include an assessment of a fine or penalty.
Section 3. Composition of the Commission
a. The Tribal Council shall appoint a land use commissioner who shall have primary responsibility for carrying out the duties of the Commission. The commissioner's staff shall include a field inspector/enforcement officer.
b. The Commission shall be composed of six members, one from each of the following Tribal Programs: Natural Resources Protection; New Projects; Mashantucket Pequot Fire Department; Legal Counsel; the Tribal Manager; and the Mashantucket Pequot Gaming Enterprise (MPGE). The Commissioner shall sit on the commission as a member. The members of the Commission shall collectively, as a result of training and experience, be well qualified to analyze and interpret environmental trends, regulations, planning and construction designs, building and safety codes; and to appraise the scientific, economic, social, aesthetic, and cultural needs and interests of the Tribe in light of the policies set forth herein. Members of the Commission shall serve without compensation. The Commission shall consist of existing staff.
Section 4. Cooperation with Tribal Programs
The Commissioner shall coordinate his/her responsibilities with the tribal programs having an interest in any land use activity or project. The tribal programs shall have the following duties:
a. develop tribal land use regulations, in consultation with the Commission, to be submitted to the appropriate standing committee of the Tribal Council for review and recommended action to the Tribal Council;
b. assist the Commission in implementing and enforcing tribal policies and tribal land use regulations;
c. assist in reviewing permit applications and making findings and recommendations to the Commission as to whether the proposed land use activity or project complies with tribal policies and tribal land use regulations; and,
d. assist in monitoring land use activities and projects to ensure compliance with tribal policies and tribal land use regulations.
CHAPTER 4. PRELIMINARY SCREENING AND APPROVAL PROCEDURE
Section 1. Residential Use
Any person who desires to undertake a residential use shall provide a brief written description of the proposed residential use and the location of the residential use to the tribal housing authority for obtaining initial approval of the residential use by the tribal housing authority. If the tribal housing authority grants initial approval of the residential use, said person shall submit a permit application to the Commission in accordance with Chapter 5 of this Law.
Section 2. Commercial Use
a. Any person who desires to undertake a commercial use shall provide the following information to Tribal Council to obtain initial approval of the proposed commercial use:
(1) a brief written description of the proposed commercial use;
(2) the location of the proposed commercial use;
(3) a proposed budget, if necessary, for the cost of developing plans and specifications for the proposed commercial use; and
(4) any other reasonable information required by Tribal Council.
b. Initial approval by the Tribal Council shall consist of preliminary approval of the proposed commercial use and a budget for developing the plans and specifications for said commercial use. If the Tribal Council grants initial approval of the commercial use, said person shall submit a permit application to the Commission in accordance with Chapter 5 of this Law.
CHAPTER 5. PERMIT PROCESS AND PROCEDURE
Section 1. Permit Required
Any person who undertakes any land use activity or project on tribal lands shall obtain a permit from the Commission as provided herein and any other permits required by applicable federal, state, or local Law.
Section 2. Permit Application
a. An application for a land use permit shall be made through the use of forms designated by the Commission and approved by the Economic Development and Planning Committee and Tribal Council. The applicant shall submit a permit application and any studies, reports, or other reasonable information requested by the commissioner, the Commission or tribal programs.
b. Every application shall contain, at a minimum, the following information:
(1) the name and title of the applicant;
(2) the location of the proposed activity;
(3) a concise and factual description of the proposed activity including:
(a) any proposed physical construction;
(b) any use of natural resources; and
(c) any potential impacts to the environment, whether adverse or beneficial.
(4) a detailed site plan if necessary or appropriate;
(5) a period of time for which the permit is requested;
(6) a reference to the tribal land use regulations governing the proposed land use activity or project;
(7) a complete set of detailed plans and specifications, including but not limited to, any proposed structures showing compliance with building, fire, and safety codes; and
(8) in the case of a phased land use activity or project, the applicant shall submit a complete set of detailed plans and specifications for that portion of the land use activity or project.
Section 3. Permit Application Fees
Upon the submission of the permit application, the applicant shall pay a permit application fee according to the following schedule:
a. A permit fee of $5 per $1,000 of the total cost of the residential land use activity or project; and,
b. A permit fee of $10 per $1,000 of the total cost of the commercial/governmental-community land use activities or projects.
Section 4. Permit Application Review
a. The Commissioner may conduct an administrative review of applications for residential use only and issue a permit, if the Commissioner determines that the application complies with tribal polices and all applicable tribal land use regulations. When the Commissioner conducts an administrative review of an application he/she shall issue or deny a permit within two weeks of receiving a complete application.
b. For all other applications, the commissioner shall review the permit application and determine whether the permit application is complete. If a permit application is complete, the commissioner shall then direct the appropriate Tribal Programs to review the application and establish a time period for the submission of written findings to the Commissioner. The Commissioner may request review of permit applications by tribal offices, agencies or programs whose regulations are enforced under this Law, including the following: Planning and Community Development; Health and Human Services; Housing; Natural Resources Protection; Public Safety; Utilities; Archeology; Public Works; and Wastewater.
c. Within one week of receiving the application, the Commissioner or the Tribal Program may request the applicant to submit additional information, studies or reports to assist in the review of the permit application. The additional information must be relevant to the purposes and policies of this Law. If the additional information is requested, the Commissioner shall notify the applicant of the requested information and shall set a reasonable time period for the submission of the information.
d. Within one week of receiving the application or additionally requested information, the Commissioner or tribal office or program shall submit written findings on the permit application. If additional review time is requested, the Commissioner may grant one extension of time not to exceed two weeks. The written findings shall address whether or not the activity or project proposed by the application complies with tribal policies and the Tribal Land Use Regulations. The written findings shall provide specific recommendations indicating how the proposed land use activity or project should be tailored to ensure such compliance.
e. The Commissioner shall provide the written findings to the applicant within one week of receipt thereof.
Section 5. Permit Application Review Meeting
a. The Commissioner shall schedule regular permit application review meetings on a weekly basis, or as needed, to review the written findings with the applicant and the Tribal programs. The Commissioner shall notify the applicant and the appropriate Tribal Programs of the meeting scheduled for the application.
b. At the permit application review meeting, the Commissioner may determine, based on the written findings and discussion with the Tribal Programs, that the permit application requires either no and/or minor changes; or significant material changes.
(1) if the Applicant agrees with the written findings or recommended changes, the applicant shall incorporate such changes into his/her application and the application shall be scheduled for final review by the Commission;
(2) if the Applicant does not agree with the recommended changes, the Applicant will have an opportunity to review the written findings and recommendations with the Commission at the next scheduled Commission review meeting following the permit application review meeting. The Applicant shall provide a narrative detailing why the applicant does not agree with the requirements prior to the meeting.
Section 6. Commission Review and Decision Meeting
a. The Commission shall meet on at least a monthly basis or as necessary, to review, approve, modify or deny permits. The Commissioner shall notify the Applicant and the appropriate Tribal Programs of the meeting scheduled on his/her application. The Commissioner and the Tribal Programs shall review the written findings with the Applicant.
b. The Commission shall reach a unanimous decision to approve or deny a Permit and render a written decision and notify the parties within 45 days of the initial Commission review meeting at which the application was scheduled for review. The Commission's decision may specify terms and conditions to be included in the Permit. At the applicant's request, the Commission may grant one extension of time, up to 45 days, to render the commission's decision.
c. If the permit application is denied or not approved through unanimous decision of the Commission, the applicant may either submit a new application or appeal the Commission's decision pursuant to Chapter 11 of this Law.
Section 7. Bonding Requirements
The Commission may require the posting of a performance bond, in an amount and of duration satisfactory to the Commission to assure and guarantee the completing of site improvements including, but not limited to, grading, regrading, drainage, pollution prevention, site remediation, environmental controls, erosion control, lighting, screening, planting, building or safety improvements and other reasonable conditions indicated on a site plan which will assure compliance with this Law, or applicable Tribal Program regulations.
a. A performance or payment bond shall be delivered to the Mashantucket Pequot Tribal Nation, in the form of a certified check, pledge of a bank book, fully insured by an agency of the United States government, with irrevocable power of attorney and acknowledged by the bank in which the funds are deposited, or a corporate surety bond, at the discretion of the Commission, shall be posted by the Applicant, to insure the completion of required improvements and utilities in the event the Applicant shall fail to install same within five years from the date of the bond. The term of the performance bond may be extended by the Commission upon approval of a petition from the Applicant to the Commission and subject to agreement of such extension by the surety company.
b. The Applicant and/or owner may apply to the Commission for a reduction in bond when 50% of the cost of required improvements for the project have been completed and may apply to the Commission for further reduction in the bond when 75% of the cost of required improvements for the project have been completed. Requests for such reduction shall be made in writing to the Commission with a fully executed copy of the Commission's bond form attached thereto.
c. Prior to the release of the performance bond, the Applicant and/or owner shall present a maintenance bond equal to at least 10% of the initial performance bond. Such bond shall be for a period of one year and shall guarantee the improvements installed.
Section 8. Final Tribal Council Approval
Once a Permit has been issued for a commercial use, the Permittee shall obtain Tribal Council approval for the necessary funding before commencing the permitted commercial use.
Section 1. Permit Terms and Conditions
Upon approving a Permit application, the Commission or the Commissioner in an administrative review matter, may include terms and conditions that are reasonably necessary and appropriate for ensuring compliance with tribal policies and Tribal Land Use Regulations.
Section 2. Permit Modification
a. If significant and material changes have occurred since the approval of the Permit, the Permittee shall file a Permit modification application describing the changes, the proposed modifications to the Permit, and any necessary information regarding the implementation of such changes.
b. The Permit modification application shall demonstrate that the proposed changes comply with the tribal policies and Tribal Land Use Regulations.
c. The Commissioner shall review the Permit modification application with the Permittee and inspect the project. The Commission, based on the Commissioner's recommendations, may either approve the application and modify the Permit or deny the application.
d. If the Permit modification application is denied, the existing Permit shall remain in full force and effect and the Permittee may request a hearing with the Commission to review the Commissioner's decision.
Section 3. Permit Duration and Extension
a. All Permits shall be effective for a limited period of time, ranging from less than a one year period and not exceeding five years. If a Permittee requires an extension of time in order to complete any activity under an approved Permit, the Permittee shall file an extension request no later than 45 days prior to the expiration of the Permittee's existing Permit.
b. The Commissioner shall review the Permit extension request with the Permittee and inspect the project. The Commissioner shall either approve the extension under such terms and conditions as the Commissioner deems necessary or appropriate or request that the Permittee obtain a Permit modification.
CHAPTER 7. CERTIFICATE OF OCCUPANCY OR COMPLETION
Section 1. Certificate Required
No land use activity or project shall be occupied, used, or operated, in whole or in part, until a certificate of occupancy or completion (hereafter "CO") has been issued by the Commissioner stating that the land use activity or project complies with all building, fire and safety codes, and the terms and conditions of the Permit.
Section 2. CO Application
a. Upon the completion of the land use activity or project, the Permittee shall apply for a CO. Within one week of receiving the CO application, the Commissioner shall review the CO application and inspect the project with the appropriate Tribal Programs.
b. Within one week of reviewing the CO application, the Commissioner may either approve the CO application, and thereupon issue a CO, or notify the Permittee in writing of the measures required to attain compliance with the terms and conditions of the Permit.
c. Upon completion of the required compliance measures, the Permittee shall submit a revised CO application demonstrating evidence of compliance.
d. The Commissioner may, at his/her discretion, issue a temporary or a partial CO if the land use activity or project is substantially complete and the completed portion of the land use activity or project has satisfied the required compliance measures. The temporary CO shall specify the time-frame within which the remaining required compliance measures shall be completed. The partial CO shall specify the portion of the structure that may be occupied or used. Failure to complete the required compliance measures within the established time-frame may result in enforcement action.
e. If the Permittee fails or refuses to comply with the terms and conditions of the Permit, or if the activity or project fails to meet the tribal policies or Tribal Land Use Regulations, the Commissioner shall not issue a CO and the land use activity or project shall not be occupied, used, or operated in any way. The Commissioner shall set forth his/her reasons for such denial in a detailed written decision, and shall send a copy of his/her decision to the Permittee.
f. The Permittee may appeal the Commissioner's decision pursuant to Chapter 11 of this Law.
Section 1. Application
Any person or Permittee who requires a variance from a specific Tribal Land Use Regulation shall file a variance application with the Commissioner setting out the specific regulation for which the variance is requested and the justification for the requested variance.
Section 2. Criteria
The Commission may grant a variance if the person or Permittee provides sufficient evidence that:
a. the granting of a variance will not undermine the purposes and policies of this Law; and
b. the proposed variance will not adversely affect the environment, the general health, safety and welfare of the Tribe or Tribal Lands; and
c. denying the variance will cause the person or Permittee to suffer hardship out of proportion to the benefit intended by the Tribal Policies or Tribal Land Use Regulations; and
d. the Tribal Land Use Regulation from which a variance is sought can be properly mitigated or the affect of the variance is neutral.
Section 1. Authority to Inspect, Sample, Meter, Monitor
a. The Commissioner shall have the right to enter the property or facilities of any person, Permittee, or owner engaged in a land use activity or project on Tribal Lands to determine whether or not the land use activity or project complies with this Law. The Commissioner shall have access to all parts of the property or facility for the purposes of inspection, sampling, records examination and copying, and any additional duties required by this Law. The Commissioner shall make best efforts to provide adequate notice prior to the inspection, however, lack of notice shall not prevent the Commissioner from gaining access to the facility or the property.
b. Where access to the property or facility is restricted by any security measure or device, the person or Permittee shall promptly allow access to the Commissioner upon presentation of proper identification.
c. The Commissioner shall have the right to install or require the installation of such devices, as are necessary, to conduct sampling, metering, and/or monitoring of the land use activity or project at the person's, Permittee's or owner's expense. The sampling, metering and monitoring equipment shall be maintained at all times in a safe and proper operating condition at the person's, Permittee's, or owner's expense.
d. Any refusal or unreasonable delay in allowing the Commissioner access to the land use activity or project shall be deemed a violation of this Law, and may subject the person, Permittee, or owner to fines and penalties as provided herein.
Section 2. Records and Monitoring
All Permittees shall maintain monitoring records substantiating the information supplied in the Permit application, including but not limited to, self-monitoring compliance reports and any other information or records required by the Permit or Tribal Land Use Regulations.
Section 3. Reporting Requirements
a. Sampling Violations. If the sampling indicates a violation of the Permit or any Tribal Land Use Regulation, the Permittee shall notify the Commissioner within 24 hours of the violation or as soon as the Permittee is aware of the violation. The Permittee shall submit to the Commission, within two weeks of initially becoming aware of the violation, a written summary describing the violation, including but not limited to, the sampling analysis results. The Permittee shall not be required to re-sample if the Commission performs its own sampling or monitoring.
b. Potential Problems. In the event of an imminent and substantial harm to the environment, the general health, safety, and welfare of the Tribe, any person or Permittee shall notify the Commissioner within 24 hours of the incident or as soon he/she becomes aware of the incident. Such notice shall include the location, the type of imminent and substantial harm to the environment, the general health, safety, and welfare of the Tribe, and any corrective or remediation actions undertaken:
(1) within five days of the imminent and substantial harm to the environment, the general health, safety, and welfare of the Tribe, the person or Permittee shall submit a detailed written report to the Commission describing the nature and cause of the emergency;
(2) notice will not exempt the person or Permittee from any fines, civil or criminal penalties, or any other liability which may result from the incident; and
(3) the person or Permittee may request the assistance of the Commission to provide corrective or remedial actions.
Section 1. Enforcement Authority of the Commission
The Commission and the Commissioner, in conjunction with the field inspector/ enforcement officer, shall have the authority to enforce compliance with any Tribal Land Use Regulation and to investigate or inspect suspected violations of a Permit or non-compliance or of any land use activity or project. Whenever the Commissioner determines, after an investigation, that reasonable grounds exist to find that the person or Permittee has violated any Permit term or condition or any applicable Tribal Land Use Regulation or Commission order, the Commissioner may institute appropriate administrative proceedings in the name of the Commission against any person or Permittee.
Section 2. Commission Orders
The Commissioner shall have the authority to issue cease and desist orders ("CDO"), show cause orders ("SCO"), or consent orders.
Section 3. Cease and Desist Order
a. The Commissioner may issue a CDO whenever he/she determines that reasonable grounds exist to find that a land use activity, activities or lack of activity presents a violation of any Permit term or condition, any Tribal Land Use Regulation or Commission order, and that imminent and substantial harm to the environment, the general health, safety, and welfare of the Tribe is likely to occur without the cessation of such activity.
b. The Commissioner may, without a prior hearing, issue a written CDO to any person or Permittee to cease such activity within a specified time period, and the person or Permittee shall immediately take all necessary steps or measures to comply with the CDO.
c. The Commissioner, or his/her designated representative, shall serve the person or Permittee with the CDO.
d. The CDO shall be scheduled for a hearing in accordance with Chapter 11, Section 1, at the Commission's next scheduled meeting, to determine the status of the alleged violation, any necessary remediation, or whether any other action or enforcement measure should be applied.
Section 4. Show Cause Order
a. The Commissioner may issue a SCO whenever he/she determines that reasonable grounds exist to find that a certain activity, activities or lack of activity presents a violation of any Permit term or condition, any Tribal Land Use Regulation or Commission order.
b. The Commissioner may issue a written SCO to any person or Permittee directing such person or Permittee to appear before the Commission to review the status of the alleged violation, respond to and explain the alleged violation, and determine whether any remediation or additional Permit terms and conditions are necessary, or any other action or enforcement measure should be applied.
c. The SCO shall be scheduled for a hearing, in accordance with Chapter 11, Section 1, at the Commission's next scheduled meeting to determine the status of the alleged violation, any necessary remediation, or whether any other action or enforcement measure should be applied.
d. If the person or Permittee fails to appear at the hearing, the Commission may issue a CDO or institute other enforcement action.
Section 5. Consent Order
The Commissioner may issue a consent order whenever it is determined that a land use activity, activities, or lack of activities presents a violation of any Permit term or condition, any Tribal Land Use Regulation or Commission order, and the person or Permittee admits to the alleged violations and is willing to resolve the matter without formal Commission involvement. The Commissioner may require the performance of any necessary remediation, other reasonable action, or enforcement measure as part of the consent order.
Section 6. Fines
a. The Commissioner shall have the authority to issue fines to any person or Permittee who is found to have violated any Permit term or condition, Tribal Land Use Regulation or commission order in an amount not to exceed $25,000 for each day during which the violation occurs. The Commissioner may impose escalating fines in instances of continued noncompliance No fine shall exceed $250,000. The fines assessed may be associated with the cost of re-mediating or mitigating a violation.
b. In determining the amount of the fine, the Commissioner may consider the following factors:
(1) the reasonable costs and expenses of the Commission in investigating, controlling, and abating such violations;
(2) the fines established by the Tribal Land Use Regulations;
(3) the actual and potential impact or damages to the environment, or the general health, safety, and welfare of the Tribe;
(4) any measures taken to prevent or mitigate the violation;
(5) any previous violations or failure to comply with any Permit term or condition, the tribal policies or Tribal Land Use Regulations, or a Commission order;
(6) making compliance less costly than noncompliance;
(7) the deterrence of future potential violations;
(8) whether the failure to comply was intentional, willful or knowing and not the result of an error; and
(9) any other factor(s) that may be relevant to determining the amount of the fine, provided that such factor shall be set forth in the written notice of assessment of the fine.
c. If a Tribal Program is assessed a fine, payment shall be made to the general fund of the Tribe which shall be designated as revenue of the Land Use Commission:
(1) the Tribal Programs shall pay the fine to the Commission within 30 days from the date the fine is assessed;
(2) if the fine is not paid within 30 days, the Finance Department shall be authorized to automatically withdraw the amount of the fine from the tribal program's budget.
d. If a tribal member or a non-tribal entity is assessed a fine, payment shall be made as follows:
(1) the tribal member or the non-tribal entity shall pay the fine to the Commission within 30 days from the date the fine is assessed;
(2) if the fine is not paid within 30 days, an additional fine of 10% of the original fine shall be assessed every 30 days until the 90th day, at which time the Commissioner may issue a CDO .
CHAPTER 11. APPEAL PROCESS AND PROCEDURE
Section 1. Right to a Hearing with the Commission
Any person or Permittee who has had an enforcement action commenced against them may request a hearing with the Commission at the Commission's next scheduled meeting to discuss the reasons for such action.
Section 2. Right to Appeal
a. Any Applicant who has been denied a Permit or any person who has been the subject of an enforcement action may file an appeal with the appeal board within two weeks of the Commissioner's or the Commission's decision.
b. An appeal is commenced by filing a notice of appeal with the Commissioner. The notice of appeal shall state the reasons for the appeal and the specific request for relief.
Section 3. Appeal Board
a. The appeal board shall convene on a monthly basis, or as necessary, to address the matters on appeal.
b. The appeal board shall be composed of three Tribal Council members and a tribal attorney. The composition of the appeal board shall rotate among the membership of the Tribal Council. The tribal attorney shall be selected on a random basis. No individual who has personally been involved in, carried out any part of an investigation, or has had any prior review of the issue on appeal, may serve on the appeal board. The staff to the appeal board shall be comprised of existing staff of the tribal government. Members of the appeal board shall serve without compensation.
Section 4. Record on Appeal
a. All records on file with the Commissioner that pertain to the appeal shall constitute the record on appeal.
b. The Commissioner shall photocopy or reproduce the record on appeal and distribute it to the Appellant, the appeal board, and the tribal program whose regulations may be at issue.
Section 5. Appeal Hearing
a. Upon receiving the notice of appeal, the Commissioner shall set a hearing for the matter on the appeal board's next scheduled meeting. The Commission shall provide written notice to the Appellant and the appropriate Tribal Program of the time and place for the hearing.
b. At the appeal hearing, the Commissioner and the Appellant may provide a presentation of the facts as established by the record. The presentation shall be limited to a review of the record on the issue from which the appeal has been taken. The appeal board may ask questions and request relevant and reasonable additional information of any of the parties.
c. The appeal board shall review the record and evidence presented to determine whether or not the Commissioner's or the Commission's actions or decisions were consistent with tribal policies and Tribal Land Use Regulations or were arbitrary and capricious.
d. If the appeal board finds that the Commission's or the Commissioner's decision was arbitrary and capricious, the appeal board shall remand the matter back to the Commission with its conclusions and conditions for further action consistent with the appeal board's decision.
e. The appeal board shall render its final decision within three weeks from the conclusion of the appeal hearing. The appeal board shall set forth written findings of facts and conclusions, and may establish such conditions for the Permit or land use activity or project as it deems necessary and appropriate.
f. The Appeal Board's decision shall be final and not subject to further review.
CHAPTER 12. EFFECTIVE DATE AND APPLICATION
Section 1. Effective upon Enactment of Tribal Council
This Law shall be effective upon enactment by the Tribal Council.
Section 2. Publication and Distribution of Tribal Land Use Regulations
The Commissioner shall distribute copies of this Law and all Tribal Land Use Regulations to every tribal department and program and to any person responsible for any known or anticipated land use activities or projects.
Section 3. Application to Existing Activities and Projects
This Law shall apply to any and all land use activities or projects on tribal lands that are commenced after the effective date of this Law. Any existing building or structure on tribal lands shall not be required to obtain a Permit pursuant to Chapter 5. Nonetheless, the operation of any existing land use activities or projects, including buildings and structures, shall be required to comply with all other provisions of this Law.
Legislative History
TCR020201-02 of 02, I M.P.T.L. amends XIV M.P.T.L. ch. 3, §3(b), which
increased the composition of the Land Use Commission from five to six members
by adding a representative of the Mashantucket Pequot Fire Department. The composition
of the Land Use Commission also was changed by deleting the representative from
the Planning Department, which was previously disbanded by the Tribal Council,
and replacing the Planning Department position with one from the newly established
Projects Department.
rev. 020201
CHAPTER 13. LAND USE REGULATORY STANDARD FOR NEW HOUSING
PROJECTS
Section 1. Interpretation of TOSHA Regulations
The TOSHA Commissioner shall ensure that TOSHA regulations are interpreted in a manner that is consistent with the interpretation of OSHA regulations applied to home construction that generally occurs within New London County, Connecticut, and that, to the greatest extent consistent with good construction practice, the TOSHA Commissioner shall minimize the regulatory cost of Home construction in the Phase VII development and to all other Home construction and renovation that occurs on the Mashantucket Pequot Reservation.
Section 2. Orders and Fines - TOSHA
Any order or fine issued by TOSHA shall be consistent with the application of OSHA regulations as generally applied in Connecticut. Any order or fine shall, to the greatest extent consistent with good construction practice generally, minimize the regulatory cost of Home construction and renovation that occurs on the Mashantucket Pequot Reservation.
Section 3. Appeal of any Order or Fine Issued by TOSHA Commissioner
Notwithstanding any other provision of Tribal Law, any order or fine issued by the TOSHA Commissioner may be appealed to the Mashantucket Pequot Tribal Court who shall hear the matter de novo. The Tribal Court may overturn an order or fine of the TOSHA Commissioner in the event that the Court determines that the appealed order or fine was, based upon a preponderance of the evidence, inconsistent with the application of OSHA regulations in Connecticut generally.
Section 4. Regulatory Interpretation of Building Codes
The Land Use Commissioner shall, with respect to all Home construction that takes place on the Mashantucket Pequot Reservation, apply regulatory interpretation that is consistent with the interpretation of similar building code provisions in New London County, Connecticut, and, to the greatest extent consistent with good construction practice, the Land Use Commissioner shall minimize the regulatory cost of Home construction and renovation that occurs on the Mashantucket Pequot Reservation.
Section 5. Order and Fines - Land Use Commission
Any order or fine issued by the Land Use Commissioner, with respect to all Home construction that takes place on the Mashantucket Pequot Reservation, shall be consistent with orders or fines that are issued for similar violations of building codes that may occur in developments of a similar nature located within New London, Connecticut, generally.
Section 6. Appeal of any Orders and Fines may be Appealed Issued by Land
Use Commissioner
Any order or fine issued by the Land Use Commissioner may first be appealed to the Land Use Commission. Appeals to the Land Use Commission shall be heard de novo. Notwithstanding any other provision of Tribal Law, a simple majority of the voting members of the Land Use Commission present shall decide the outcome of any appeal. The Land Use Commissioner, as the issuing official, shall not participate in the appeal either by acting as the Chair or by participating in the vote of the Commission. He shall, however, present the reasons for the issuance of the order or fine at the Land Use Commission hearing. The decision of the Land Use Commission may subsequently be appealed by the person or entity subject to the order or fine to the Mashantucket Pequot Tribal Court who shall hear the matter de novo. The Tribal Court shall sustain the determination of the Land Use Commission unless it can be shown, by a preponderance of the evidence, that the Commission was arbitrary or capricious.