[Adopted by the STM 10-21-1991]
[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.
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.
E.
Home occupation, professional office or roadside stand permit: $75.
G.
Sign permit: $50.
H.
Temporary sign or other permit: $50.
I.
Hearing petition: $350.
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.
(c)
Regulation amendment petitions: $250 (does not include notices
or regulation advisories from DEP).
(d)
Map amendment petitions: $250, plus fee from Schedule B.
(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.
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.
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.
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.
[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.
