Town of Montville, CT Chapter 214 Fees

[HISTORY: Adopted by the Town Council of the Town of Montville as indicated in article histories.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Planning and Zoning Commission — See Ch. 101.

Zoning Board of Appeals — See Ch. 146.

Fee schedules — See Ch. A410.

[1] 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 No. O-P-2 (Part 169 of the 1991 Compilation), was repealed 5-14-2007 by Ord.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.

Article I Land Use Application Processing Fees

[Adopted 5-14-2007 by Ord. No. 2007-2; amended in its entirety 3-13-2017 by Ord. No. 2017-01]

§ 214-1 Fees established.

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.

§ 214-2 Definitions.

A. For the purpose of this article, the following definitions shall apply:

ADDITIONAL EXPENSES

Those reimbursements set forth in § 214-3C of this article.

COMMISSION(S)

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.

FIXED APPLICATION FEES

Those set forth in § 214-3A of this article.

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.

REGULATIONS

The Town of Montville Zoning Regulations, Subdivision Regulations and Inland Wetlands Regulations.

B. 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.).

§ 214-3 Fee schedule.

A. Fixed application fees. Commissions shall charge fixed application fees for the processing of land use applications in accordance with the following schedule:

(1) Planning and Zoning Commission.

(a) All fees exclusive of state fee (applied to all applications): $60 (or as amended by the State of Connecticut per CGS Sec. 22a-27).

(b) Subdivision plan: $50 per lot, plus $450 if a public hearing is required.

(c) Resubdivision plan: $50 per lot, plus $450 for a public hearing.

(d) Zone map amendment: $450.

(e) Zone regulation amendment: $450.

(f) Special permit: $450.

(g) Site plan (commercial/industrial/mixed uses): $150.

(h) Zoning permit.

[1] Single-family residential: $50.

[2] Accessory uses (additions, sheds, pools, etc.): $25.

(i) Miscellaneous permits.

[1] Home occupations (except home office for filing of trade name): $25.

[2] Commercial uses: $50.

[3] Letter of zoning compliance: $75.

(2) Zoning Board of Appeals.

(a) All fees exclusive of state fee (applied to all applications): $60 (or as amended by the State of Connecticut per CGS Sec. 22a-27).

(b) Variances/appeals: $450.

(3) Inland Wetlands and Watercourses Commission.

(a) All fees exclusive of state fee (applied to all applications): $60 (or as amended by the State of Connecticut per CGS Sec. 22a-27).

(b) Preapplication review: no charge.

(c) Permitted and nonregulated uses (Section 4).

[1] Permitted uses as of right (Section 4.1): no charge.

[2] Nonregulated uses (Section 4.2): no charge.

(d) Regulated uses.

[1] Residential uses, base fee: $100.

[2] Residential accessory uses, base fee (sheds up to 324SF, swimming pools, decks): $50.

[3] Residential subdivision: $50 per lot.

[4] Commercial/industrial/mixed uses, base fee: $200.

[5] Commercial subdivision: $100 per lot.

(e) Permit extension or transfer (no changes): $50.

(f) Map amendment petition: $200.

(g) Significant activity fee: $200.

(h) Public hearing: $450.

(i) 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.

(4) Coastal area management. For any application located in the coastal area management boundary, the following fees shall apply, in addition to those above:

(a) Major activity.

[1] Coastal site plan review: $200.

B. 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.

C. 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.

D. 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.

§ 214-4 Exemptions.

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.

§ 214-5 Payment of fees.

A. 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.

B. Fees nonrefundable. All fees received by a commission as part of a land use application submission shall be nonrefundable.

C. 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.

D. 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.

§ 214-6 Periodic updates of fee schedule.

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.

Article II Fire Marshal's Permits and Inspections

[Adopted 5-14-2012 by Ord. No. 2012-6]

§ 214-7 Permits.

A. 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.

B. 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.

C. 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.

D. 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.

§ 214-8 Schedule of fees.

A. 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.

(1) Fire plan review (not including R-3 occupancies): 65% of the building permit fee or 100% for fast track review.

(2) Mechanical plan review (fire protection systems): 100% of the building permit fee or 135% for fast track review.

(3) Electrical plan review: 35% of the building permit fee or 70% for fast track review.

B. 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:

	Estimated Construction Cost (From Building Permit Application)	Fee Formula
	$1 to $500	$10.41
	$501 to $2,000	$10.41 for the first $500 plus $0.26 for each additional $100 or fraction thereof up to and including $2,000
	$2,001 to $25,000	$14.31 for the first $2,000 plus $1.04 for each additional $1,000 or fraction thereof up to and including $25,000
	$25,001 to $50,000	$38.25 for the first $25,000 plus $0.78 for each additional $1,000 or fraction thereof up to and including $50,000
	$50,001 to $100,000	$57.77 for the first $50,000 plus $0.52 for each additional $1,000 or fraction thereof up to and including $100,000
	$100,001 to $500,000	$83.80 for the first $100,000 plus $0.46 for each additional $1,000 or fraction thereof up to and including $500,000
	$500,001 to $1,000,000	$271.18 for the first $500,000 plus $0.42 for each additional $1,000
	$1,000,001 and up	$479.38 for the first $1,000,000 plus $0.26 for each additional $1,000 or fraction thereof
	Manufactured structures setup fee	$10.41 per section, with a minimum fee of $20.82 per permit

C. 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:

	Operation Permit Fee Table
	Operations and Materials	Permit Required	Permit Fee
	Aircraft hangars	For servicing or repairing aircraft	$100 per year
	Airport terminal buildings	For operation	$100 per year
	Ambulatory health care occupancy	To operate an ambulatory health care occupancy	See Occupancy Permit Fee Table
	Ammonium nitrate	For storage	$250 per year
	Apartment buildings and dormitories	To operate an apartment building or dormitory	See Occupancy Permit Fee Table
	Automobile wrecking yards	To operate automobile wrecking yards	$100 per year
	Battery system	To operate stationary lead-acid battery systems having an electrolyte capacity of more than 100 gallon (379 liters) in sprinklered buildings or 50 gallon (189 liters) in nonsprinklered buildings	$75 per year
	Business occupancies	To operate a business occupancy	See Occupancy Permit Fee Table
	Candles, open flames, and portable cooking	To use in connection with assembly areas, dining areas of restaurants, or drinking establishments	$30; single use; $60 multi-use
	Cellulose nitrate film	For storage, handling, or use	$100 per year
	Cleanrooms	For operation	$150 per year
	Combustible material storage	To store more than 2,500 ft3 (70.8 m3) gross volume	$250 per year
	Commercial rubbish-handling operation	To operate	$150 per year
	Consumer fireworks (1.4G)	For the sale, on-site handling, manufacture, and storage of consumer fireworks (1.4G)	$150 per year
	Covered mall buildings	Annual requirement for facilities that utilize mall area for exhibits or displays with 4 conditions	$250 per year
	Cutting and welding operation	For operations within a jurisdiction	$30; single use; $60; multi-use
	Day-care occupancies	To operate a day-care occupancy	See Occupancy Permit Fee Table
	Dry-cleaning plants	To engage in business of dry cleaning or to change to a more hazardous cleaning solvent	$180 per year
	Dust-producing operations	To operate a grain elevator, flour mill, starch mill, feed mill, or plant pulverizing aluminum, coal, cocoa, magnesium, spices, or sugar, etc.	$250 per year
	Educational occupancy	To operate an educational occupancy	See Occupancy Permit Fee Table
	Exhibit and trade shows	For operation of all exhibits and trade shows held within a jurisdiction	$250 per event
	Fairs, no rides	To conduct the events	$50 per event
	Flame effects	Use of flame effects before an audience	$180 per event
	Health care facility	To operate a health care occupancy	See Occupancy Permit Fee Table
	High-piled combustible storage	To use any building or portion thereof as a high-piled storage area exceeding 500 ft2 (46.45 m2)	$250 per year
	Hot work operations	For hot work; for additional permit requirements for hot work operations, see 41.1.5[1]	$30, single use; $60, multi-use
	Hotels and bed-and-breakfast establishment	To operate a hotel, motel or bed and breakfast establishment	See Occupancy Permit Fee Table
	Industrial occupancies	To operate an industrial occupancy	See Occupancy Permit Fee Table
	Industrial ovens and furnaces	For operation of industrial ovens and furnaces covered by Chapter 51[2]	$100 per year
	Lumberyards and woodworking plants	For storage of lumber exceeding 100,000 board feet	$250 per year
	Membrane structures, tents, and canopies - permanent	For construction, location, erection, or placement	$100 per structure
	Membrane structures, tents, and canopies - temporary	To operate an air-supported temporary membrane structure or tent having an area in excess of 200 ft2 (18.6 m2) or a canopy in excess of 400 ft2 (37.2 m2). Exception: temporary membrane structures, tents, or canopy structures used exclusively for camping	$50, single use; $100, multi-use
	Mercantile occupancies	To operate a mercantile occupancy	See Occupancy Permit Fee Table
	Organic coatings	For operation and maintenance of a facility that manufactures organic coatings	$150 per year
	Places of assembly, including special amusement buildings	To operate a place of assembly	See Occupancy Permit Fee Table
	Pyrotechnics before a proximate audience	For the display and use of pyrotechnic materials before a proximate audience	$150 per event
	Propane filling station	Where cylinder refilling takes place	$50 per year
	Propane tank installation	Inspection of all propane installation, residential and commercial	$20 for permit
	Propane tank use at events	Tanks used at events or fairs	$20 per tank
	Refrigeration equipment	To operate a mechanical refrigeration unit or system	$50 per year
	Repair garages and service stations	For operation of service stations and repair garages	$50 per year
	Residential board and care occupancies	To operate a residential board and care occupancy	See Occupancy Permit Fee Table
	Rocketry manufacturing	For the manufacturing of model rocket motors	$250 per year
	Rooftop heliports	For operation of a rooftop heliport	$250 per year
	Special outdoor events, carnivals, and fairs	For the location and operation of special outdoor events, carnivals, and fairs	$60 per event
	Special structures and high-rise buildings	To operate special structures and high-rise buildings	See Occupancy Permit Fee Table
	Storage occupancies	To operate a storage occupancy	See Occupancy Permit Fee Table
	Tar kettles	For placement of a tar kettle, placement shall be obtained prior to the placement of a tar kettle	$30, single use; $60, multi-use
	Tire-rebuilding plants	For operation and maintenance of a tire-rebuilding plant	$150 per year
	Tire storage	To use an open area or portion thereof to store tires in excess of 1,000 ft3 (28.3 m3)	$150 per year
	Torch-applied roofing operation	For the use of a torch for application of roofing materials	$30, single use; $60, multi-use
	Wildland fire-prone areas	For use of hazardous areas within fire-prone areas.	$x per year
	Wood products	To store chips, hogged material, lumber, or plywood in excess of 200 ft3 (5.7 m3)	$150 per year

Occupancy Permit Fee Table
	Occupancy Group 1 Annual Renewal A, E, H-1, I-1 and R (Not Including R-3 Occupancies)	Occupancy Group 2 Biannual Renewal H-2, I-3, I-4, B-Medical and B-College	Occupancy Group 3 Triennial Renewal B, H-3, M, S-1	Occupancy Group 4 Quadrennial Renewal F-1, F-2, H-4, H-5, S-2 and U
0 to 3,000 square feet	$60	$60	$60	$60
3,001 to 5,000 square feet	$95	$95	$95	$95
5,001 to 7,500 square feet	$125	$125	$125	$125
7,501 to 10,000 square feet	$135	$135	$135	$135
10,001 to 12,500 square feet	$150	$150	$150	$150
12,501 to 15,000 square feet	$170	$170	$170	$170
15,001 to 17,500 square feet	$180	$180	$180	$180
17,501 to 20,000 square feet	$190	$190	$190	$190
20,001 to 30,000 square feet	$205	$205	$205	$205
30,001 to 40,000 square feet	$230	$230	$230	$230
40,001 to 50,000 square feet	$245	$245	$245	$245
50,001 to 60,000 square feet	$260	$260	$260	$260
60,001 to 70,000 square feet	$275	$275	$275	$275
70,001 to 100,000 square feet	$285	$285	$285	$285
100,001 to 150,000 square feet	$305	$305	$305	$305
150,001 to 200,000 square feet	$340	$340	$340	$340

[1] Editor's Note: See Uniform Fire Code.

[2] Editor's Note: See Uniform Fire Code.

D. All permit fees established pursuant to this section are due when an application is submitted to the Fire Marshal.

§ 214-9 Penalties for offenses.

A. 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.

B. 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.

§ 214-10 Penalties for nonpayment.

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.

§ 214-11 Agencies exempt from fees; exception.

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.