[HISTORY: Adopted by the Town Council of the Town of Montville as indicated in article histories. Amendments noted where applicable.]
Planning and Zoning Commission — See Ch. 101.
Zoning Board of Appeals — See Ch. 146.
Fee schedules — See Ch. A410.
Editor's Note: Former Ch. 214, Fees, which comprised Art. I, Planning and Zoning Commission Fees, adopted 3-9-1987 by Ord. No. O-O-2 (Part 168 of the 1991 Compilation), as amended, and Art. II, Zoning Board of Appeals Fees, adopted 3-9-1987 by Ord. No. O-P-2 (Part 169 of the 1991 Compilation), was repealed 5-14-2007 by Ord. No. 2007-1.
[Adopted 5-14-2007 by Ord. No. 2007-2; amended in its entirety 3-13-2017 by Ord. No. 2017-01]
Pursuant to Section 8-1c of the Connecticut General Statutes there is established a schedule of fees for the processing of land use applications received by the Planning and Zoning Commission, Zoning Board of Appeals, and Inland Wetlands and Watercourses Commission. The schedule of fees established shall supersede those fees presently charged by the land use commissions and board as previously established pursuant to any provision of the General Statutes or any Special Act. These fees are intended to cover a portion of the Town's costs for processing and administrative handling of land use applications, including, but not limited to, legal advertisements regarding public hearings, decisions of a commission, and other matters requiring publication in a newspaper; other notifications or referrals required or authorized by applicable law; recording and transcribing, where necessary, of public hearings and meetings, the preparation of minutes and other documentation applicable to the application, and other clerical expenses; staff salaries and overhead expenses for staff to the commission, including officials of the Town for whom land use application review is only a part of his/her duties, such as the Town Engineer, sanitarian, fire chief, outside consultants etc.; Town Attorney fees in direct connection with legal advice, review of documents, and attendance at meeting, where deemed desirable, in connection with the application; inspection of construction and other work to insure compliance with approved permits and applicable regulations; keeping and updating of files and other documentation relative to the application; such other expenses as may be incidental to the processing of land use applications in the Town of Montville.
For the purpose of this article, the following definitions shall apply:
- One or all of the land use regulatory agencies of the Town of Montville known as the "Planning and Zoning Commission," "Zoning Board of Appeals," and "Inland Wetlands and Watercourses Commission."
- EXTENDED ENGINEERING REVIEW SERVICES
- Any follow-up review of revised land use plans for corrections identified during the preliminary engineering review. This does not include the first review after revision made in accordance with the preliminary engineering review.
- IMPROVED LAND AREA
- Any portion(s) of a development site not covered by buildings, but covered by parking, driveways, outdoor storage or loading areas, lawns, formal landscaped areas, or any other area not in its natural state.
- PRELIMINARY ENGINEERING REVIEW
- The initial review of land use plans submitted to the commissions for compliance with the regulations. This term includes the first review of land use plans revisions after a return of the land use plans to the applicant for completion of revisions to the land use plans to conform those plans with the regulations.
- PROCESSING OF LAND USE APPLICATION(S)
- The actions of a commission, supported by staff employed by the Town of Montville, independent contractors, or consultants, in receiving, reviewing and acting upon an application to conduct an activity regulated, amending or modifying the text of regulations or modifying or amending zoning or wetlands boundary maps by said commission and including both preaction reviews and post-approval supervision of work and inspection of activities permitted.
- The Town of Montville Zoning Regulations, Subdivision Regulations and Inland Wetlands Regulations.
Any other term not defined in this article shall have the meaning set forth in the definitions section of any applicable regulations (e.g., the zoning regulations for zoning applications, the subdivision regulations for subdivision or resubdivision applications, etc.).
Fixed application fees. Commissions shall charge fixed application fees for the processing of land use applications in accordance with the following schedule:
Planning and Zoning Commission.
All fees exclusive of state fee (applied to all applications): $60 (or as amended by the State of Connecticut per CGS Sec. 22a-27).
Subdivision plan: $50 per lot, plus $450 if a public hearing is required.
Resubdivision plan: $50 per lot, plus $450 for a public hearing.
Zone map amendment: $450.
Zone regulation amendment: $450.
Special permit: $450.
Site plan (commercial/industrial/mixed uses): $150.
Inland Wetlands and Watercourses Commission.
All fees exclusive of state fee (applied to all applications): $60 (or as amended by the State of Connecticut per CGS Sec. 22a-27).
Preapplication review: no charge.
Permit extension or transfer (no changes): $50.
Map amendment petition: $200.
Significant activity fee: $200.
Public hearing: $450.
The fees for applicants who commence a regulated activity without a permit shall be 200% of the fees (except the state fee) unless the commission, by a majority vote, agrees to reduce the fee to the standard fee.
Maximum fee; calculation of fee. Except as provided in Subsection C below, no application fee calculated in accordance with the preceding formulae shall exceed $10,000. Each applicant for any permit shall provide, at the time of application, the necessary data to permit the calculation of the application fee (such as cubic yards of material to be filled/excavated in an excavation application, square footage of land area to be disturbed in a wetlands application, etc.), and such information shall, where appropriate, be certified by a licensed land surveyor, professional engineer, or registered architect. Failure to file any application fee set forth in this ordinance shall be grounds for denial of such application.
Additional expenses. In addition to the fixed fees set forth in Subsection A of this section, the commissions may collect payment for direct costs of materials and services performed by other than Town employees, including but not limited to specialized inspection, third party professional certifications, legal, stenographic and transcription services associated with any type of land use application, or require an applicant to provide certifications, inspections or professional consultant reports at the applicant’s expense, where the fixed fees set forth in Subsection A are not anticipated to cover, or do not in fact cover, such costs or expenses. Additional expenses shall include extended engineering review services.
Fees not in lieu of bonds. The payment of fees shall not prohibit commissions from requiring performance or forfeiture bonds to ensure the successful completion of all work as may be prescribed in the respective land use regulations.
All boards and agencies of the Town of Montville, including volunteer or professional fire companies using company properties for fire protection purposes, shall be exempt from the payment of fees established pursuant to this chapter. Each commission may, in whole or in part, exempt an application from the payment of any or all fees if said application is for low- and moderate-income housing or special-needs housing. In addition, each commission shall be authorized, by majority vote, to reduce or waive application fees where the application does not appear, upon initial examination, to require intensive staff review and the applicant is a nonprofit entity which qualifies for tax-deductible charitable contributions under regulations of the United States Internal Revenue Service. The commission may, by majority vote, also credit all or a portion of application fees from previous application(s) which were denied or withdrawn, where the review work performed on the previous application(s) may be of benefit in reviewing the new application. Any commission exempting an application from payment of a fee, in whole or in part, shall state in the minutes of the meeting at which the plan was received the fee type exempted, the percentage exempt and reasons for granting the exemption. This exemption shall not prohibit a commission from requiring, at the applicant’s expense, consultant reports, professional certification or conducting inspection to ensure conformance with land use regulations.
Other fees. The payment of a fee established in accordance with the provisions of this chapter shall not relieve the applicant, owner or his or her agent from the payment of other fees that may be prescribed for a different type of land use application, or by another ordinance of the Town of Montville.
Fees nonrefundable. All fees received by a commission as part of a land use application submission shall be nonrefundable.
Method and timing of payment, failure to pay. All fixed application fees shall be paid by cash, check or money order made payable to the Town of Montville. Fees shall be paid at the time of application submission. The applicant shall be provided with invoices or other evidence of any additional expense(s), and reimbursement to the Town shall be made within 30 days after presentation of such invoices or other evidence. Failure to comply with this subsection shall be grounds for denial of any application or revocation of any permit previously issued. Reimbursement of the Town under this subsection shall be a condition for the endorsement of any plan, the issuance of any final permit, or the issuance of any certificate of zoning compliance for an approved application, or the renewal of any periodic or temporary approval, as the case may be.
Deposit of fees; receipt. The Planning Director shall keep an accurate account of all fees collected, and such fees shall be deposited with the Treasurer of the Town of Montville. The Planning Director shall receive a receipt from the Treasurer of all such fees deposited.
The foregoing fees schedules are based upon an analysis of the expenses incurred, on average, in the processing of land use applications as of the date of passage of this Chapter. The Finance Director shall periodically examine the expenses incurred by the Town in the processing of land use applications, and shall make recommendations for adjustments to the foregoing fee schedules based upon current staffing, regulatory requirements, and other relevant factors. The Town Council may revise any or all of the foregoing fees by way of adoption of an amendment to this Ordinance.
[Adopted 5-14-2012 by Ord. No. 2012-6]
No building or structure subject to the Connecticut State Fire Safety Code and/or State Fire Prevention Code shall be constructed, used, occupied, enlarged, altered or repaired unless a permit has been granted for said activity by the Fire Marshal.
No person shall undertake any of the operations or activities described in § 214-8C of this article until such person shall have obtained a permit from the Fire Marshal. Said permit shall be valid for 12 months from the date of issue. No continuation, expansion, diminution or modification of said operations shall be undertaken without obtaining a permit from the Fire Marshal.
No person shall install, enlarge, alter, remove, repair or replace any fire protection system in any building or structure subject to the Connecticut State Fire Safety Code and/or State Fire Prevention Code, until such person shall have obtained a permit from the Fire Marshal.
The permit(s) required pursuant to this section shall be required in addition to any other permits or licenses required by federal, state or local law.
The fee for plan reviews for new construction, renovations, additions or modernization of buildings or structures shall be at the following rates. For purposes of this subsection, "fast track" is an expedited plan review which will be conducted in one week or less, subject to staff availability.
Fire plan review (not including R-3 occupancies): 65% of the building permit fee or 100% for fast track review.
Mechanical plan review (fire protection systems): 100% of the building permit fee or 135% for fast track review.
Electrical plan review: 35% of the building permit fee or 70% for fast track review.
The fee for field inspections, approval and acceptance of new construction, renovations, additions or modernization of multifamily residential (not including R-3 occupancies) and commercial buildings or structures associated with the issuance of a certificate of occupancy shall be at the following rates:
Any person engaged in any of the following operations and/or occupancies shall obtain periodic inspection thereof according to the schedule set forth in C.G.S. § 29-305 as that section may be amended or recodified from time to time. Single-use inspections shall be valid only for a one-time event at a single venue. Multi-use inspections shall be valid for 12 months from date of issue and shall apply to multiple venues if the inspected configuration or process does not change. All inspections include both fire permit and fire inspection. The fee(s) for the annual permit required pursuant to § 214-7B, including such inspection(s), shall be as follows:
All permit fees established pursuant to this section are due when an application is submitted to the Fire Marshal.
Any person who commences any work which is subject to the permit requirements of § 214-7A or B without first obtaining a permit shall be required to pay a penalty of $500 in addition to the permit fee otherwise applicable. No such penalty shall be imposed upon a person who commences emergency repair work without a permit, provided that a permit is sought promptly thereafter.
Any person who conducts any operation which is subject to the permit requirements of § 214-7B without first obtaining a permit shall be required to pay a penalty equal to the amount of the permit fee otherwise applicable. Said penalty shall be payable in addition to the required permit fee. No such penalty shall be imposed upon a person who commences emergency repair work without a permit provided that a permit is sought promptly thereafter.
Failure to pay fees as prescribed by this article may result in a penalty of legal action of closure and /or in interest on delinquent bills will be charged at the rate of 1 1/2% per month from the due date (18% per annum). Minimum interest charged is $2 per bill. Any fees owed will negate the issuance of any further permits until the fees are paid in full. Emergency work will be considered if it poses a threat to life safety. The Fire Marshal may choose to write infractions for operating without a Town permit in accordance with the Fire Prevention Code.
Agencies of the Town of Montville and the Montville Board of Education shall be required to obtain all permits and/or inspections required pursuant to this article but all fees associated therewith shall be waived.