[Adopted 2-7-2001]
The purpose of this article is to:
A.
Establish a schedule of fees, pursuant to C.G.S. § 8-1c,
which requires new land use applications to fund the approximate actual
municipal administrative costs of reviewing, evaluating and processing
such applications and ensures that fees do not cause such applications
to subsidize municipal expenses which are not related to reviewing,
evaluating, and processing such applications.
B.
Ensure that the system of fees does not fund municipal
expenses for negotiating with land use applicants for agreements,
conveyances, conditions, modifications, or any concessions desired
by the municipality in the review process.
C.
Improve the services provided land use applicants
by recouping municipal expenses for reviewing, evaluating and processing
land use applications.
D.
Encourage land use applicants to become familiar with
and review municipal development regulations, to submit land use applications
which comply with municipal regulations, and to submit plans and proposals
with fewer errors and omissions.
E.
Establish a reasonable and equitable schedule of fees
for reviewing, evaluating and processing land use applications.
As used in this article, the following terms
shall have the meanings indicated:
Any person or entity who or which submits a land use application
or a successor in interest.
Any land use applications to the Planning and Zoning Commission,
including but not limited to any application for any of the following:
subdivision or resubdivision, or application for amendment or revision
to the same, zone changes, special exceptions and site plan reviews.
"Land use applications" shall also refer to and include any and all
application forms, plans, and fees required to be submitted by the
zoning code or subdivision regulations and the Connecticut General
Statutes.
Includes all functions performed in connection with or association
with a land use application by the Planning and Zoning Commission
and any other departments of the City of Middletown or any consultant
hired by the City to review, evaluate or process land use applications
prior to presentation of an application and through such time as the
Planning and Zoning Commission renders a final decision on such application.
Includes all City of Middletown municipal employees, including
but not limited to the Director of Land Use, Chief Engineers in the
Public Works and Water and Sewer Departments, Police Traffic Division,
City Fire Marshals, General Counsel, and Zoning/Wetlands Officer,
who are directly involved in the review, evaluation or processing
of land use applications and any consultant hired by the City to review,
evaluate or process land use applications.
[Amended 5-2-2013 by Ord. No. 11-13; 6-7-2021 by Ord. No. 12-21]
A.
Land use applicants shall pay approximately actual
municipal expenses for review, evaluation and processing land use
applications which are directly attributable to their land use application.
B.
Fees for land use applications are charged for the
following:
(1)
Staff time spent undertaking or participating in the
review, evaluation and processing of land use applications prior to
any submission of a land use application.
(2)
Staff time spent undertaking or participating in the
review, evaluation, and processing of land use applications from submission
of a land use application until final Commission action on the application.
C.
The land use applicant shall pay an application fee
which is computed as the total of the following:
(1)
Residential unit business pursuit: none.
(2)
Lot certification: $30.
(3)
Special exception:
(a)
Residential use: $50 for up to three family
units and $10 per each family unit after three.
(b)
Nonresidential uses: $100 for the first 1,000
square feet of building area, plus $10 per 1,000 square feet of building
area up to 30,000 square feet, plus $2 per square foot of building
area in excess of 30,000 square feet (minimum $100).
(4)
Zoning Map amendment: $100 plus $10 per acre of area.
(5)
Zoning text amendment: $100 for one section plus $50
for each additional section or subsection.
(6)
Subdivision/resubdivision: a base of $200 plus $250
per lot for engineering and planning review.
(7)
Site plan review.
(a)
Residential. Single-family or two-family: $25;
additions: no fee.
(b)
Nonresidential. New project: $100 for the first
1,000 square feet of building area, plus $10 per 1,000 square feet
of building area up to 30,000 square feet, plus $2 per square foot
of building area in excess of 30,000 square feet (minimum $100).
(8)
Natural resource extraction. The application fee shall
be $100 multiplied by the number of acres, to the nearest whole acre,
proposed to be disturbed by extraction or storage of soil or rock
materials established for compliance assurance for up to 10 acres.
The fee for areas beyond 10 acres shall be $50 per acre up to 20 acres.
The fee for more than 20 acres shall be $25 per acre. The application
fee shall be for the time approval period established, and each application
or extension shall require a separate fee.
(9)
Lot line revision: $30.
(10)
Addition or accessory use: $25 per 1,000 square feet
of building area (minimum $25).
(11)
Signs (new or changed): $25.
(12)
Stormwater detention: one to 10 acres: $50; 10 to
25 acres: $100; 25+ acres: $250.
(13)
Letter of zoning conformity: $25.
(14)
Traffic analysis (projects with 100 required parking
spaces or if required by Commission or staff): $20 per required parking
space or actual cost of analysis by Commission-selected consultant.
(15)
Other expert analysis: actual cost of analysis by
Commission-selected consultant.
D.
All applicable fees must be paid in full at the time
the land use application is filed with the Planning and Zoning Commission.
An applicant may challenge any aspect of a fee
payable under this article by submitting a written appeal within 30
days of the date of the action of the Commission, or withdrawal of
an application by the applicant, to the Common Council on a form available
at the City Hall. The Common Council shall hear the appeal within
65 days and make a ruling within an additional 65 days.
A.
Applicants with subdivisions involving the construction
of public improvements (i.e., roads, public utilities, sidewalks)
shall also, within 10 days following approval of the subdivision,
pay a fee for inspection services of 3% of the public improvement
construction cost as determined by the City Engineers. In the event
that the inspection of the public improvements within the subdivision
is made by City personnel, the City shall pay itself weekly from the
deposited fee for any direct or indirect costs of inspecting the public
improvements. In the event that the inspection is performed by consultants
retained by the City, the actual cost of such services shall be paid
to said consultants weekly by the City.
B.
When payments for inspections services from the three-percent
fee have reduced the fee to 25% of its original amount, additional
funds sufficient to increase the amount on deposit to 100% of its
original amount shall be immediately paid by the applicant. The Chief
Engineer in the Public Works Department may reduce the amount of additional
funds required from an applicant to less than 100% of the original
amount, based on the amount of work performed to date and work remaining.
The applicant's failure to deposit any additional amounts within five
days of written request by the Chief Engineer shall constitute a breach
of the applicant's obligations under the planning and zoning regulations.
In the event of such breach, the City shall receive payment for all
inspection services provided before or after the breach, and for all
reasonable attorneys fees and other costs of collection incurred in
obtaining payment for said services, from any letter of credit, performance
bond or other security provided by the applicant.
C.
Any balance of the three-percent fee for inspection
services remaining after final completion and inspection of the public
improvements will be returned without interest to the applicant, upon
written certification by the City Engineers of completion in accordance
with all City approvals and regulations.
