Town of Canton, CT
Hartford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Canton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-22-1979 by Ord. No. 145]

§ 248-1 Buildings constructed with Town funds.

[Amended 12-14-2011]
No building permit fee shall be charged for buildings constructed entirely with Town funds. If Town and other funds are used toward building construction, the building permit fee shall be reduced in proportion to the percentage of Town funding used.
[Adopted 12-14-2011]

§ 248-2 Authority.

Pursuant to the provisions of § 8-1c of the General Statutes, there is hereby established a fee schedule for all permit applications filed for permits in accordance with municipal authority adopted pursuant to General Statutes Chapter 124, 126 or 440 as prescribed by this article.

§ 248-3 Payment of fee required prior to issuance of permit or certificate.

No building permit or certificate of occupancy shall be issued for a building, use, or structure subject to Town of Canton zoning, subdivision, inland wetlands and watercourses, or historic district regulation until the fees for each required permit application or certificate of compliance, as prescribed in this article and in the fee schedule adopted pursuant to this article, shall have been paid to the Land Use Office or other municipal agent.

§ 248-4 Other fees.

The payment of the fees for the permit applications prescribed herein shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinance, including but not limited to building permits and filing fees, if applicable.

§ 248-5 Exemptions.

No fee shall be charged for zoning applications for projects by or for the Town of Canton or for permits for repair or replacement of owner-occupied single-family residential buildings that have been destroyed or damaged by fire, storm or other casualty.

§ 248-6 Reduction or waiver of fee.

A. 
Any entity authorized by this article to charge fees may reduce or waive a fee after taking into consideration one or more of the following factors:
(1) 
Such application is substantially similar to one previously filed and withdrawn, or denied without prejudice;
(2) 
The previous application had paid all fees in full;
(3) 
Minimal additional staff time will be needed for review and processing the application;
(4) 
The application pertains to a nonprofit entity;
(5) 
The activity applied for would clearly result in a substantial public benefit to the environment or to the public health and safety and the applicant would reasonably be deterred from initiating the activity solely or primarily as a result of the amount of the application fee; or
(6) 
The amount of the application fee is clearly excessive in relation to the costs to the Town for reviewing and processing the application.
B. 
An applicant seeking a waiver or reduction of a fee imposed by this article must submit a written request to the agency to which the application has or will be filed setting forth the basis for the proposed waiver or reduction. Any request to reduce the amount of fee required for any aspect of the application should be made within 30 days of the application, except that a request for a reduction in fees related to an additional fee for technical review should be made within 30 days of receipt of the estimate provided to the applicant by the Town Planner. The agency receiving the request shall review said request and issue a decision within 65 days of receipt.

§ 248-7 State and federal fees.

The fees established by this article are in addition to applicable state or federal fees applicable to the municipal application, including but not limited to state application fees imposed pursuant to General Statutes § 22a-27j.

§ 248-8 Determination and filing of fee schedule.

The fee schedule shall be determined to reasonably defray the municipal costs of administering the applicable regulations adopted by any Canton board, commission or agency in accordance with General Statutes Chapter 124, 126 or 440. The fee schedule shall also be determined to reasonably defray the municipal costs of conducting specialized technical review and inspection and monitoring of approved activities and construction by engineers, surveyors, architects, planners, attorneys and other qualified professionals hired by the Town of Canton for such purpose. A copy of the fee schedule shall be filed with the Canton Town Clerk when established and when amended.

§ 248-9 Fee schedule.

The following schedule of fees is hereby established:
A. 
Zoning fees.
(1) 
Zone regulation change: $300 plus associated printing costs.
(2) 
Zone map change: $300 plus the following per each acre or portion thereof: $250 plus associated printing costs.
(3) 
Special permit/exception applications to the Zoning Commission:[1] $200. Applications requiring more than one special permit/exception shall pay $200 for the first and $75 for each additional special permit/exception.
[1]
Editor's Note: Ordinance No. 236, adopted 9-25-2013, abolished the separate Planning Commission and Zoning Commission and created a Planning and Zoning Commission. See Ch. 145.
(4) 
Special permit/exception applications to the Zoning Board of Appeals: $200.
(5) 
Special permit/exception applications to the Planning Commission:[2] $200.
[2]
Editor's Note: Ordinance No. 236, adopted 9-25-2013, abolished the separate Planning Commission and Zoning Commission and created a Planning and Zoning Commission. See Ch. 145.
(6) 
Variances: $150.
(7) 
Appeal from the Zoning Enforcement Officer: $75.
(8) 
Suitability of location for gasoline station, automotive repairers or dealers: $75.
(9) 
Detailed site plan, residential (new construction/expansion):
(a) 
Up to four dwellings: $200.
(b) 
Each additional dwelling over four units: $30.
(10) 
Detailed site plan, nonresidential (new construction/expansion):
(a) 
Up to 2,000 square feet: $200.
(b) 
Each additional 1,000 square feet of floor area: $30.
(11) 
Minor modifications and administrative approvals: $75.
(12) 
Excavation and grading permit:
(a) 
Base fee: $200.
(b) 
Each acre of disturbed area or portion thereof: $75.
(13) 
Zoning permit: $50.
(14) 
Zoning compliance review: $50.
(15) 
Sign permit:
(a) 
Base fee for signs up to eight square feet: $35.
(b) 
Each additional square foot: $2.
(16) 
Certificate of zoning compliance: $50.
(17) 
Bond/security reductions: $100.
(18) 
Any application to modify plans previously approved by the Zoning Commission[3] or Zoning Board of Appeals and not considered to be new construction or an expansion of a residential or nonresidential use/area must be accompanied by a fee equal to 50% of the original filing fee.
[3]
Editor's Note: Ordinance No. 236, adopted 9-25-2013, abolished the separate Planning Commission and Zoning Commission and created a Planning and Zoning Commission. See Ch. 145.
(19) 
If an application involves more than one request, the total fee for the application shall include the sum of the fees required for each request.
(20) 
All applications require an additional fee mandated by the State of Connecticut under General Statutes § 22a-27j (presently $60, subject to change).
(21) 
Applications requiring a soil and erosion control plan certification may require an additional fee required by and to be paid to the North Central Soil Conservation District.
B. 
Subdivision fees.
(1) 
Subdivision regulation amendments. Any amendments to these regulations shall be accompanied by a filing fee of $200 plus associated printing costs.
(2) 
Subdivision and resubdivision fees shall be $250 per lot proposed on existing public or private streets and $300 per lot proposed on new public or private streets (not including open space lots).
(3) 
Subdivision modifications. Any modifications to an approved subdivision or resubdivision shall be accompanied by a filing fee according to the following schedule:
(a) 
If over 50% of the lots are affected, the fee shall be 50% of the current filing fee.
(b) 
If between 25% and 50% of the lots are affected, the fee shall be 25% of the current filing fee.
(c) 
If 25% or less of the lots are affected, the fee shall be $75.
(4) 
Bond reductions. A fee of $100 is required for the processing of the releases or reductions in bonds or other security.
(5) 
All applications requiring a soil and erosion control plan certification may require an additional fee required by and paid to the North Central Soil Conservation District.
(6) 
All applications require an additional fee mandated by the State of Connecticut under General Statutes § 22a-27j (presently $60, subject to change).
C. 
Inland wetlands and watercourses fees. Adopted per Section 19.5 of the Inland Wetlands and Watercourses Regulations and incorporated into this article by reference.
D. 
Additional fees for technical services and consultants.
(1) 
In addition to the standard fees for the processing of an application, the applicant may be required to pay an additional fee to cover the costs of technical services and consultants to analyze, review and report on areas requiring a detailed, technical review if one or more of the following are met in the opinion of the commission/agency:
(a) 
The nature and intensity of the project may have a substantial impact on the site and its surrounding areas;
(b) 
The project is large, complex or otherwise a substantial project;
(c) 
Town staff will not be able to complete a technical review of the application in the time period prescribed by the General Statutes;
(d) 
The project poses environmental, traffic and/or other issues beyond the expertise of Town staff to evaluate and make appropriate recommendations; or
(e) 
Additional technical evaluations are determined by the commission/agency to be necessary to fulfill the Town requirements for processing the application and/or may be necessary to obtain a satisfactory evaluation of the application.
(2) 
Whenever an application establishes criteria identified under this Subsection D, the Town Planner will provide an estimated cost for technical services and consultants. The commission/agency will review said estimate and determine the necessary scope of services and establish an appropriate additional fee.
(3) 
The fees required under this article will be paid to the Town of Canton prior to further proceeding on the application. Upon completion of the technical review and/or other services, a determination of the costs incurred will be performed and any excess will be refunded to the applicant. During the course of the application review, if the fee as set by the commission/agency is found to be insufficient, the commission/agency may review and revise such fee as appropriate.
(4) 
If the fees required under this article are not paid in a timely fashion as to allow the commission/agency to comply with provisions of General Statutes § 8-7d, such failure may be grounds for the commission/agency to deny the application without prejudice. Any partial fees paid by applicants may be credited towards a subsequent application.

§ 248-10 Fines.

A. 
Purpose. The purpose of this section is to establish penalties for violations to the Town's zoning regulations, inland wetland regulations, and aquifer protection area regulations; to establish procedures for issuance of citations to violators and for collection of fines; and to have the Town's citation hearing procedure (Chapter 15 of the Town Code) apply to citations hereunder issued.
B. 
Enforcement. If an order of the Town's Zoning Enforcement Officer, Inland Wetlands Agent, or Aquifer Protection Agent has not been remedied within 10 days of the date of compliance specified in the order or 10 days of issuance of the order, whichever is later, that official, the Chief Administrative Officer or employee designated by the Chief Administrative Officer shall issue a citation to the violator which shall invoke the Town's citation hearing procedure set forth in Chapter 15, Citations, of this Code. If the decision that the regulations were violated is challenged by way of an appeal or request for show cause hearing to a municipal board or agency as permitted by municipal ordinance or state statute, the time to issue a citation shall be extended to 10 days after any decision of the applicable board or agency confirming or determining that the applicable regulations have been violated.
C. 
Penalties for offenses.
(1) 
The penalty for each violation of the zoning regulations or approvals or permits issued shall be $150 for each day that such violation continues beyond the compliance date in the cease and desist order. Notwithstanding the preceding, in instances of willful violations and instances where the violation is not corrected within such manner and time period stipulated in the order, fines may be assessed from the date such violation has been committed.
(2) 
The penalty for each violation of the inland wetlands and watercourses regulations or approvals or permits issued shall be from $150 to $1,000 for each day that such violation continues beyond the compliance date in the cease and desist order. Notwithstanding the preceding, in instances of willful violations and instances where the violation is not corrected within such manner and time period stipulated in the order, fines may be assessed from the date such violation has been committed. No fines may be levied against the state or any employee of the state acting within the scope of his employment.
(3) 
The penalty for each violation of the aquifer protection area regulations shall be $150 for each day that such violation continues beyond the compliance date in the cease and desist order. Notwithstanding the preceding, in instances of willful violations and instances where the violation is not corrected within such manner and time period stipulated in the order, fines may be assessed from the date such violation has been committed.
D. 
The procedure to be followed with respect to all citations issued under this section shall be the citation hearing procedure set forth in Chapter 15 of this Code.