[HISTORY: Adopted by the Town of Canton as
indicated in article histories. Amendments noted where applicable.]
[Adopted 3-22-1979 by Ord. No. 145]
[Amended 12-14-2011]
No building permit fee shall be charged for
buildings constructed entirely with Town funds. If Town and other
funds are used toward building construction, the building permit fee
shall be reduced in proportion to the percentage of Town funding used.
[Adopted 12-14-2011]
Pursuant to the provisions of § 8-1c of the General
Statutes, there is hereby established a fee schedule for all permit
applications filed for permits in accordance with municipal authority
adopted pursuant to General Statutes Chapter 124, 126 or 440 as prescribed
by this article.
No building permit or certificate of occupancy shall be issued
for a building, use, or structure subject to Town of Canton zoning,
subdivision, inland wetlands and watercourses, or historic district
regulation until the fees for each required permit application or
certificate of compliance, as prescribed in this article and in the
fee schedule adopted pursuant to this article, shall have been paid
to the Land Use Office or other municipal agent.
The payment of the fees for the permit applications prescribed
herein shall not relieve the applicant or holder of the permit from
the payment of other fees that may be prescribed by law or ordinance,
including but not limited to building permits and filing fees, if
applicable.
No fee shall be charged for zoning applications for projects
by or for the Town of Canton or for permits for repair or replacement
of owner-occupied single-family residential buildings that have been
destroyed or damaged by fire, storm or other casualty.
A.
Any entity authorized by this article to charge fees may reduce or
waive a fee after taking into consideration one or more of the following
factors:
(1)
Such application is substantially similar to one previously filed
and withdrawn, or denied without prejudice;
(2)
The previous application had paid all fees in full;
(3)
Minimal additional staff time will be needed for review and processing
the application;
(4)
The application pertains to a nonprofit entity;
(5)
The activity applied for would clearly result in a substantial public
benefit to the environment or to the public health and safety and
the applicant would reasonably be deterred from initiating the activity
solely or primarily as a result of the amount of the application fee;
or
(6)
The amount of the application fee is clearly excessive in relation
to the costs to the Town for reviewing and processing the application.
B.
An applicant seeking a waiver or reduction of a fee imposed by this
article must submit a written request to the agency to which the application
has or will be filed setting forth the basis for the proposed waiver
or reduction. Any request to reduce the amount of fee required for
any aspect of the application should be made within 30 days of the
application, except that a request for a reduction in fees related
to an additional fee for technical review should be made within 30
days of receipt of the estimate provided to the applicant by the Town
Planner. The agency receiving the request shall review said request
and issue a decision within 65 days of receipt.
The fees established by this article are in addition to applicable
state or federal fees applicable to the municipal application, including
but not limited to state application fees imposed pursuant to General
Statutes § 22a-27j.
The fee schedule shall be determined to reasonably defray the
municipal costs of administering the applicable regulations adopted
by any Canton board, commission or agency in accordance with General
Statutes Chapter 124, 126 or 440. The fee schedule shall also be determined
to reasonably defray the municipal costs of conducting specialized
technical review and inspection and monitoring of approved activities
and construction by engineers, surveyors, architects, planners, attorneys
and other qualified professionals hired by the Town of Canton for
such purpose. A copy of the fee schedule shall be filed with the Canton
Town Clerk when established and when amended.
[Amended 8-23-2017]
The following schedule of fees is hereby established:
A.
Zoning fees.
(1)
Zone regulation and map change: $300 plus associated printing costs.
(2)
Special permit/exception applications to the Zoning Commission:[1] $200. Applications requiring more than one special permit/exception
shall pay $200 for the first and $75 for each additional special permit/exception.
(3)
Special permit/exception applications to the Zoning Board of Appeals:
$200.
(5)
Variances: $150.
(6)
Appeal from the Zoning Enforcement Officer: $75.
(7)
Suitability of location for gasoline station, automotive repairers
or dealers: $75.
(10)
Minor modifications and administrative approvals: $75.
(12)
Zoning permit: $50.
(13)
Zoning compliance review: $50.
(15)
Certificate of zoning compliance: $50.
(16)
Bond/security reductions: $100.
(17)
Any application to modify plans previously approved by the Zoning
Commission[3] or Zoning Board of Appeals and not considered to be new
construction or an expansion of a residential or nonresidential use/area
must be accompanied by a fee equal to 50% of the original filing fee.
(18)
If an application involves more than one request, the total
fee for the application shall include the sum of the fees required
for each request.
(19)
All applications require an additional fee mandated by the State
of Connecticut under General Statutes § 22a-27j (presently
$60, subject to change).
(20)
Applications requiring a soil and erosion control plan certification
may require an additional fee required by and to be paid to the North
Central Soil Conservation District.
B.
Subdivision fees.
(1)
Subdivision regulation amendments. Any amendments to these regulations
shall be accompanied by a filing fee of $200 plus associated printing
costs.
(2)
Subdivision and resubdivision fees shall be $250 per lot proposed
on existing public or private streets and $300 per lot proposed on
new public or private streets (not including open space lots).
(3)
Subdivision modifications. Any modifications to an approved subdivision
or resubdivision shall be accompanied by a filing fee according to
the following schedule:
(4)
Bond reductions. A fee of $100 is required for the processing of
the releases or reductions in bonds or other security.
(5)
All applications requiring a soil and erosion control plan certification
may require an additional fee required by and paid to the North Central
Soil Conservation District.
(6)
All applications require an additional fee mandated by the State
of Connecticut under General Statutes § 22a-27j (presently
$60, subject to change).
C.
Inland wetlands and watercourses fees: adopted per Section 19.5 of
the Inland Wetlands and Watercourses Regulations and incorporated
into this article by reference.
D.
Additional fees for technical services and consultants.
(1)
In addition to the standard fees for the processing of an application,
the applicant may be required to pay an additional fee to cover the
costs of technical services and consultants to analyze, review and
report on areas requiring a detailed, technical review if one or more
of the following are met in the opinion of the commission/agency:
(a)
The nature and intensity of the project may have a substantial
impact on the site and its surrounding areas;
(b)
The project is large, complex or otherwise a substantial project;
(c)
Town staff will not be able to complete a technical review of
the application in the time period prescribed by the General Statutes;
(d)
The project poses environmental, traffic and/or other issues
beyond the expertise of Town staff to evaluate and make appropriate
recommendations; or
(e)
Additional technical evaluations are determined by the commission/agency
to be necessary to fulfill the Town requirements for processing the
application and/or may be necessary to obtain a satisfactory evaluation
of the application.
(2)
Whenever an application establishes criteria identified under this Subsection D, the Town Planner will provide an estimated cost for technical services and consultants. The commission/agency will review said estimate and determine the necessary scope of services and establish an appropriate additional fee.
(3)
The fees required under this article will be paid to the Town of
Canton prior to further proceeding on the application. Upon completion
of the technical review and/or other services, a determination of
the costs incurred will be performed and any excess will be refunded
to the applicant. During the course of the application review, if
the fee as set by the commission/agency is found to be insufficient,
the commission/agency may review and revise such fee as appropriate.
(4)
If the fees required under this article are not paid in a timely
fashion as to allow the commission/agency to comply with provisions
of General Statutes § 8-7d, such failure may be grounds
for the commission/agency to deny the application without prejudice.
Any partial fees paid by applicants may be credited towards a subsequent
application.
E.
Mapping fees.
(1)
Small photocopied map (up to 24 inches by 36 inches): $5.
(2)
Large photocopied map (larger than 24 inches by 36 inches): $10.
(3)
GIS-produced map (up to 24 inches by 36 inches, black/white): $20.
(4)
GIS-produced map (up to 24 inches by 36 inches, color): $40.
(5)
GIS-produced map (larger than 24 inches by 36 inches black/white):
$30.
(6)
GIS-produced map (larger than 24 inches by 36 inches color): $50.
A.
Purpose. The purpose of this section is to establish penalties for violations to the Town's zoning regulations, inland wetland regulations, and aquifer protection area regulations; to establish procedures for issuance of citations to violators and for collection of fines; and to have the Town's citation hearing procedure (Chapter 15 of the Town Code) apply to citations hereunder issued.
B.
Enforcement. If an order of the Town's Zoning Enforcement Officer, Inland Wetlands Agent, or Aquifer Protection Agent has not been remedied within 10 days of the date of compliance specified in the order or 10 days of issuance of the order, whichever is later, that official, the Chief Administrative Officer or employee designated by the Chief Administrative Officer shall issue a citation to the violator which shall invoke the Town's citation hearing procedure set forth in Chapter 15, Citations, of this Code. If the decision that the regulations were violated is challenged by way of an appeal or request for show cause hearing to a municipal board or agency as permitted by municipal ordinance or state statute, the time to issue a citation shall be extended to 10 days after any decision of the applicable board or agency confirming or determining that the applicable regulations have been violated.
C.
Penalties for offenses.
(1)
The penalty for each violation of the zoning regulations or approvals
or permits issued shall be $150 for each day that such violation continues
beyond the compliance date in the cease and desist order. Notwithstanding
the preceding, in instances of willful violations and instances where
the violation is not corrected within such manner and time period
stipulated in the order, fines may be assessed from the date such
violation has been committed.
(2)
The penalty for each violation of the inland wetlands and watercourses
regulations or approvals or permits issued shall be from $150 to $1,000
for each day that such violation continues beyond the compliance date
in the cease and desist order. Notwithstanding the preceding, in instances
of willful violations and instances where the violation is not corrected
within such manner and time period stipulated in the order, fines
may be assessed from the date such violation has been committed. No
fines may be levied against the state or any employee of the state
acting within the scope of his employment.
(3)
The penalty for each violation of the aquifer protection area regulations
shall be $150 for each day that such violation continues beyond the
compliance date in the cease and desist order. Notwithstanding the
preceding, in instances of willful violations and instances where
the violation is not corrected within such manner and time period
stipulated in the order, fines may be assessed from the date such
violation has been committed.
