Town of Clinton, CT Article II Land Use Applications

[Adopted 6-21-2014[1]]

[1] Editor’s Note: This ordinance also superseded former Art. II, Land Use Applications, adopted 9-8-2004.

§ 296-2 Authorization and purpose.

Pursuant to the provisions of C.G.S. § 8-1c, the Town of Clinton does hereby establish a schedule of reasonable fees for the purpose of funding the approximate actual municipal administrative cost of reviewing, evaluating and processing of applications by the Town of Clinton land use regulatory commissions.

§ 296-3 Definitions.

For the purpose of this article the following definitions apply:

LAND USE APPLICATION

Any application to a land use regulatory commission within its statutory jurisdiction, which is herein referred to as "application."

LAND USE REGULATORY COMMISSION

The Clinton Planning and Zoning Commission, The Clinton Zoning Board of Appeals and the Clinton Inland Wetlands and Conservation Commission, which are herein referred to individually as "commission."

REVIEW, EVALUATION AND PROCESSING

All functions performed in connection with or associated with a land use application by a land use regulatory commission, including but not limited to fees and expenses relating to the administrative handling of the application and consultant expenses in direct, connection with the technical review of the application, including both preapproved and post-approval costs associated with the application, such as engineering review of construction plans and inspections of improvements during construction to assure compliance.

§ 296-4 Fee schedule.

[Amended 10-20-2021]

The base fees as set forth in this article are due and payable to the Town of Clinton upon submission of a land use application, unless another date for the payment is specified herein.

A. Planning and Zoning Commission.

(1) Zoning.

(a) Zoning permit: $50.

(b) Zoning permit (issued after construction).

[1] First occurrence per offense (by person or entity): $250.

[2] Second occurrence per offense (by person or entity): $500.

[3] Third occurrence per offense (by person or entity): $750.

[4] Fourth occurrence per offense (by person or entity): $1,000.

(c) Home occupation permit: $50.

(d) Outdoor entertainment permit: $25.

(e) Sign permit: $25.

(f) Vendor's permit: $50.

(g) Certificate of zoning compliance: $50.

(h) Coastal area management (CAM) application:

[1] Residential: $50.

[2] Commercial: $100.

(i) Flood review application: $500.

(j) Amendment request for regulation or zone change: $250, plus actual cost of legal notices in excess of $50.

(k) Gravel excavation or dumping: $150.

[1] Plus, month permit (per month if less than one year): $25; or

[2] Plus year permit (per year): $150; or

[3] Plus renewals or extensions (per year): $150.

(l) Special exception, Planning and Zoning Commission: $250, plus applicable consultant expenses per § 296-5.

(m) Site plan application: $200.

(n) Renoticing due to applicant error, withdrawal, or postponement (at applicant's request) to be paid by applicant at cost.

(o) Additional fees per application.

[1] Department of Energy and Environmental Protection: as determined by DEEP.

(2) Subdivision.

(a) Subdivision application: $100.

[1] Plus, per lot: $150.

[2] Plus, per linear foot of road: $1.

(b) Resubdivision application: $150.

[1] Plus, per lot: $150.

[2] Plus, per liner foot of road: $1.

(c) Additional fees per application.

[1] Department of Energy and Environmental Protection: as determined by DEEP.

B. Zoning Board of Appeals.

(1) Zoning Board of Appeals application for variance: $200.

(2) Coastal area management (CAM) application:

(a) Residential: $50.

(b) Commercial: $100.

(3) Certificate of approval of location, dealer's and repairs licenses: $150.

(4) Appeal of decision of Zoning Enforcement Officer: $100.

(5) Renoticing due to applicant error withdrawal, or postponement (at applicant's request) to be paid by applicant at cost.

(6) Additional fees per application.

(a) Department of Energy and Environmental Protection: as determined by DEEP.

C. Aquifer Protection Agency.

(1) Residential: $100.

(2) Commercial: $200.

(3) Single-family home: $25.

D. Inland Wetlands and Conservation Commission.

(1) Regulated activity (within zero to 50 feet of or in wetlands or watercourses).

(a) Residential uses: $125 base fee plus $40 per new lot.

(b) Commercial and industrial uses: $300.

(c) Significant activity fee (per Section 2.20.1 of Wetlands Regulations) or public interest hearing: $200.

(2) As-of-right (logging, farm ponds, agricultural): $50.

(3) Activity within 100 feet of wetlands (Commission permit).

(a) New residential structure: $125.

(b) New commercial or industrial lot: $250.

(c) Significant activity fee (per Section 2.20.1 of Wetlands Regulations) or public interest hearing: $200.

(d) Addition to existing structure on commercial or industrial lot: $100.

(4) Activity within 100 feet of wetlands (wetland enforcement officer permit). Issued for the following activities within 51 feet to 100 feet of the wetlands: decks, porches, residential additions, sheds, pools, fences, minor driveway work, stone walls and test holes.

(a) Residential lot: $50.

(b) Commercial or industrial lot: $100.

(c) Deep test pits, per lot: $50.

(5) Boundary change/verification of Inland Wetlands Official Map: $250, plus submission of the proposed change in an electronic format per Town data standards.

(6) Modification of previous approval: $100.

(7) Additional fees per application.

(a) Department of Energy and Environmental Protection: as determined by DEEP.

(b) Applicable consultant expenses per § 296-5.

(8) Renoticing due to applicant error, withdrawal, or postponement (at applicant's request) to be paid by applicant.

§ 296-5 Consultant expenses.

A. Prior to or contemporaneous with the filing of an application, the applicant shall advise the commission in writing as to the professional evidence by way of testimony or certification that it intends to submit as part of or in support of said application. Such written statement shall include the specific areas of expertise (e.g., traffic and hydrology) in which the commission may require the technical assistance of consultants.

B. A commission may charge fees in addition to the base fees set forth above in order to obtain additional technical assistance in reviewing and evaluating an application where the commission determines, based upon information provided or required to be provided by the applicant, that the nature, size or intensity of the land use application shall require services of consultants not provided for within the fees set forth in § 296-4.

C. The commission shall determine the amount of the fee in addition to the base fee required for the review, evaluation and processing of the subject application at the same rate that they are charged.

D. An applicant may provide the written statement required under Subsection A and request a determination by the commission as to whether additional technical assistance will be required and the amount of the additional fee prior to submission of the application. Payment of the additional fee shall be made upon submission of the application or within 30 days of the determination of the required additional fee by the commission, whichever shall later occur.

E. Failure to provide the statement required under Subsection A or to pay the additional fee required hereunder may render the application incomplete under the commission regulations.

§ 296-6 Duplication of review.

In making a determination as to whether additional technical assistance will be required, each commission shall give due consideration to and shall use to the extent feasible the technical assistance that may have been engaged by another commission in reviewing the same application so as to eliminate duplication of consultant review fees.

§ 296-7 Determination that fees are not required.

A commission may by resolution determine that base fees, or portions thereof, are not required in particular cases of resubmission of a disapproved application, or an application to revise an approved application or in cases where the application changes are minor. Boards, commissions and departments of the Town of Clinton are exempt from fee requirements.