[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 No. O-P-2 (Part 169 of the 1991 Compilation), was repealed 5-14-2007 by Ord.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.
[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.
A.
ADDITIONAL EXPENSES
COMMISSION(S)
EXTENDED ENGINEERING REVIEW SERVICES
FIXED APPLICATION FEES
IMPROVED LAND AREA
PRELIMINARY ENGINEERING REVIEW
PROCESSING OF LAND USE APPLICATION(S)
REGULATIONS
For the purpose of this article, the following definitions shall
apply:
Those reimbursements set forth in § 214-3C of this article.
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."
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.
Those set forth in § 214-3A of this article.
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.
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.
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.
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.).
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.
(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.
(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.
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.
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.
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.
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]
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.
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
|
D.
All permit fees established pursuant to this section are due when
an application is submitted to the Fire Marshal.
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.
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.