Town of Bethany, CT
New Haven County
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Table of Contents
Table of Contents
[Adopted by the STM 10-21-1991]

§ 129-1 Fee schedule established.

[Amended 5-22-2001 ATM; 4-19-2004 STM; 11-4-2010 STM; 7-24-2014 STM]
Pursuant to Section 8-1c of the Connecticut General Statutes, the following schedule of fees shall pertain to the processing of applications by the Planning and Zoning Commission, the Zoning Board of Appeals, and the Inland Wetlands and Watercourses Commission, and the Zoning Enforcement Officer; and such fees shall be paid at the time the application is filed.
A. 
Zoning permit for zoning approval of construction:
(1) 
Residence or residential property.
(a) 
New construction.
[1] 
By ZEO: $125.
[2] 
By Commission: $150.
(b) 
Addition.
[1] 
By ZEO: $75.
[2] 
By Commission: $100.
(c) 
Modification to existing valid permit.
[1] 
By ZEO: $50.
[2] 
By Commission: $100.
(d) 
Site plan review.
[1] 
By ZEO: $175.
[2] 
By Commission: $200.
(2) 
Business or business property.
(a) 
New construction.
[1] 
By ZEO: $225.
[2] 
By Commission: $250.
(b) 
Addition.
[1] 
By ZEO: $125.
[2] 
By Commission: $150.
(c) 
Modification to existing valid permit.
[1] 
By ZEO: $125.
[2] 
By Commission: $150.
(d) 
Site plan review.
[1] 
By ZEO: $325.
[2] 
By Commission: $350.
(e) 
Change of use:
[1] 
By ZEO: $125.
[2] 
By Commission: $150.
B. 
Special exception permit, with required public hearing: $350.
C. 
Subdivision.
(1) 
Per lot fee for subdivision without public hearing: $300.
(2) 
Per lot fee for subdivision or resubdivision with public hearing: $350.
(3) 
Special exception rear lot application fee, with public hearing: $350.
(4) 
Per lot fee for special exception rear lot: $150.
(5) 
New road review fee, per 100 feet or any portion thereof: $100.
D. 
Zoning change.
(1) 
Text change (each): $550.
(2) 
Map change (each): $575.
E. 
Home occupation, professional office or roadside stand permit: $75.
F. 
Certificate of zoning compliance:
(1) 
Residential: $50.
(2) 
Business: $75.
G. 
Sign permit: $50.
H. 
Temporary sign or other permit: $50.
I. 
Hearing petition: $350.
J. 
Earth removal:
(1) 
Administrative permit: $300.
(2) 
Special exception permit, with public hearing: $550.
K. 
Flood hazard area permit: $250.
L. 
Hearing fee, if not included above: $350.
M. 
Zoning Board of Appeals application, with public hearing: $350.
N. 
Inland Wetlands and Watercourses Commission applications:
(1) 
Fee schedule. Application fees shall be based on the following schedule:
(a) 
Regulated activities:
[1] 
Residential uses: $150, plus fee from Schedule A.
[2] 
Minor residential uses: $100.
[3] 
Commercial uses: $200, plus fee from Schedule A.
[4] 
Subdivisions/re-subdivisions: $150, plus $100/lot and fee from Schedule A.
[5] 
All other uses: $150, plus fee from Schedule A.
[6] 
Appeal of duly authorized agent decision: $75.
[7] 
Significant activity fee: $500.
[8] 
Complex application fee: The Inland Wetlands Agency may charge an additional fee sufficient to cover the cost of reviewing and acting on complex applications. Such fee may include, but not be limited to, the cost of retaining experts to analyze, review, and report on issues requiring such experts. The Agency or the duly authorized agent shall estimate the complex application fee which shall be paid pursuant to section 19.1 of the Inland Wetlands and Watercourses Regulations within 10 days of the applicant's receipt or notice of such estimate. Any portion of the complex application fee in excess of the actual cost shall be refunded to the applicant no later than 30 days after publication of the agency's decision.
(b) 
Permitted and non-regulated uses:
[1] 
Permitted uses as of right: no charge.
[2] 
Non-regulated uses: $60.
(c) 
Regulation amendment petitions: $250 (does not include notices or regulation advisories from DEP).
(d) 
Map amendment petitions: $250, plus fee from Schedule B.
(e) 
Previous approval.
[1] 
Modification of previous approval: $100.
[2] 
Renewal of previous approval: $50.
(f) 
Monitoring compliance fee: to be set on an as-needed basis by the Agency as a condition of a permit approval.
(g) 
Schedule A. For the purpose of calculating the permit application fee, the area in Schedule A is the total area of wetlands and watercourses and the upland review area upon which a regulated activity is proposed.
Square Feet of Area
Fee
Less than 1,000
$50
1,000 to 5,000 "a" plus
$500
More than 5,000 "b" plus
$750
(h) 
Schedule B. For the purpose of calculating the map amendment petition fee, linear feet in Schedule B is the total length of wetlands and watercourses boundary subject to the proposed boundary change.
Linear Feet
Fee
Less than 500
$50
500 to 1,000 "a" plus
$500
More than 1,000 "b" plus
$750
(2) 
Exemption. Boards, commissions, councils and departments of the Town of Bethany are exempt from all fee requirements.
(3) 
Waiver.
(a) 
The applicant may petition the Agency to waive, reduce or allow delayed payment of the fee. Such petitions shall be in writing and shall state fully the facts and circumstances the Agency should consider in its determination under this subsection. The Agency may waive all or part of the application fee if the Agency determines that:
[1] 
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
[2] 
The amount of the application fee is clearly excessive in relation to the cost to the Town for reviewing and processing the application.
[3] 
The applicant has shown good cause.
(b) 
The Agency shall state upon its record the basis for all actions under this subsection.
O. 
The State of Connecticut land use application fee shall be in addition to the above-stated fees. This fee shall be applied as required by the Connecticut General Statutes.
P. 
Outside specialized consultant.
[Added 5-16-2016 ATM]
(1) 
Pursuant to 8-1c of the Connecticut General Statutes, the following amendment shall be added to the established and adopted schedule of fees and shall pertain to the review and processing of applications by the Bethany Planning and Zoning Commission. Such fees shall be paid as indicated.
(2) 
Fees for review and analysis of applications submitted to the Planning and Zoning Commission for which the Commission decides such review is necessary are to be assessed and administered as follows:
(a) 
The Commission by majority vote may elect to retain outside specialized consultants with expertise not possessed by its regular staff or consultants. It may also retain such outside consultants in the case of a clear conflict of interest.
(b) 
The Commission may select up to three consultants and ask them for proposals for projected costs for such items as reviewing and commenting on an application(s), preparing reports, attending public meetings and hearings and making presentations as needed with regard to the subject application(s).
(c) 
Upon notification of being retained, the outside consultant shall then prepare and execute a letter of agreement with the Town of Bethany including any ethics statements as may be required by the Town, for the specified services.
[1] 
After the consultant is selected, the applicant shall provide the estimated fee to the Town at the outset of the application review process. The applicant shall then deposit such fee with the Town of Bethany.
[2] 
The outside consultant will perform the agreed upon services as contained in the agreement for the amount specified in the agreement or at the rate specified in the agreement.
[3] 
The Commission shall deny any application for which the fee is not paid in full by the applicant prior to the time of decision. Such a decision would be based on the fact that the application is not then complete due to the fee being deficient.
[4] 
Any part of any submitted fee which is not used for the stated purposes shall be returned to the applicant within 30 days of the Commission's action on the application(s). The only exception is for the possibility of litigation that may require the outside consultant to expend more time and resources then had been stated in the letter of agreement.

§ 129-2 Exemption from fee.

No fee shall be charged when the applicant is the Town of Bethany or the Town of Bethany acting by one of its officers, employees, boards or commissions.

§ 129-3 Waiver of fees.

The Board or Commission to which the application is filed may waive all or part of the fees when the applicant is a non-profit or charitable organization operating within the Town of Bethany for the benefit of Bethany residents.

§ 129-4 Application fee credits.

A. 
The Board or Commission to which the application is filed may, in its sole discretion, credit prior application fees or a portion thereof under the following conditions:
(1) 
The prior application fee sought to be credited was for an application which was withdrawn by the applicant prior to action by the Board or Commission.
(2) 
The application fee to which the credit would be applied is for an application substantially equal in purpose to the application which was withdrawn and is filed within four months of the withdrawal of the first application.
(3) 
The amount credited to the second application fee shall be limited to the amount originally paid by the same applicant less any expenses incurred by the Town of Bethany in processing the original application.
B. 
Under no circumstances shall any credit be granted which would result in a fee which would be insufficient to cover the anticipated costs to the Town to process the application, including but not limited to such items as printing, publication, clerical, engineering, expert consults, attorneys, enforcement, etc.

§ 129-5 Additional fees; post-use permit.

[Added 5-19-2003 ATM]
A. 
Whenever an application is made for the purpose of complying with an order alleging a violation of the Zoning Regulations, Subdivision Regulations, or Inland Wetlands and Watercourses Regulations, and/or to seek a permit for work done or actions taken without prior official approval where required, the fees set forth herein shall be increased by 50% so as to compensate the Town for the increased administrative costs in processing such applications.
B. 
This shall not apply retroactively.
C. 
This section will take effect October 1, 2003.