[HISTORY: Adopted by the Town Council of the Town of Wethersfield
as indicated in article histories. Amendments noted where applicable.]
The purpose of this article is to provide the Wethersfield Planning
and Zoning Commission, Zoning Board of Appeals, Inland Wetlands and
Watercourse Commission, Design Review Advisory Committee, Historic
District Commission and Town staff with the authority, granted in
Connecticut General Statutes Section 8-1c, to establish a schedule
of reasonable fees for the processing of land use applications that
are extraordinarily large, complex or significant and which may pose
environmental, traffic and/or other issues beyond the expertise of
the Town's staff to evaluate and make appropriate recommendations.
Such fees shall be used to cover the cost of retaining experts to
analyze and review the application.
In such instances, the commission will review the matter with
its staff and determine if outside, independent studies and/or consultations
are necessary for the commission to decide the issues before it. The
commission shall seek, to the extent practical, to identify the need
for such studies or consultations prior to the commencement of the
public hearing process; provided, however, that the commission may
also make such a determination during the hearing process. The decision
to require the assistance of consultants shall require the affirmative
vote of not less than the following: five votes for planning and zoning
applications, five votes for inland wetlands and watercourse applications,
four votes for Zoning Board of Appeals applications, three votes for
Historic District Commission applications and three votes for Design
Review Advisory Committee applications. The board/commission shall
notify the applicant of its determination that such studies or consultations
are needed and the estimated fee costs within five business days following
such determination. If the applicant fails or refuses to deposit the
consultants' estimated fee with the Town, the application will
be considered incomplete. At its next regularly scheduled meeting
or hearing on the application, the board/commission shall note in
its minutes that the application is considered incomplete. Incomplete
applications are considered sufficient ground for denial of the application.
Town staff shall select, after soliciting fee proposals and
at its sole discretion, the persons or entities that are to perform
such studies or consultations, and shall direct the performance of
such studies or consultations.
A.
The commission shall require an applicant, as a condition of processing
its application, to deposit the fee for any required consultation
or special study with the Town prior to the review of such application.
All fees required under this article shall be paid by cash, check
or money order made payable to the Town of Wethersfield. The commission
hall require the applicant to place a sum into a fee account in an
amount reasonably calculated to reflect 125% of the anticipated actual
cost of such studies or consultations. The applicant shall be provided
with invoices of the expenses incurred by the Town for any outside
consultant work.
B.
Upon completion of the technical review by the outside consultant,
and after publication of the Board or Commission's decision as
required by law, the balance of the fee which has not been expended
by the Commission for the study and/or consultation shall be returned
or released to the applicant.
