[Prior ordinance history includes portions of Ordinances 3/1/88, 8/15/88, 91-2, 04-5 and 06-4]
[Ord. 5/3/10]
The purpose of this chapter is to establish a reasonable and equitable Schedule of Fees, pursuant to Section 8-1c and 22a-42a of the Connecticut General Statutes, to defray the administrative costs and any additional costs, including professional consulting fees, incurred by the Planning and Zoning Commission, Inland Wetlands Agency and Zoning Board of Appeals of the Town of Brooklyn (each a "Land Use Agency") for the processing and subsequent monitoring of Land Use applications.
[Ord. 5/3/10]
LAND USE APPLICATION
Shall mean an application for (1) any permit(s) or approval(s) required by any Land Use Agency regulations for the use of any land, building or structure; (2) proposed amendments to such regulations or the zoning map; (3) a request for a zoning variance; (4) an appeal of a decision of the Zoning Enforcement Officer or (5) a certificate of location approval and or appropriateness pursuant to Section 14-67 and/or Section 14-321 of the Connecticut General Statutes, submitted by any person, organization or corporation (the applicant).
STAFF
Shall mean any employee or appointee of the Town of Brooklyn or employees of the Northeast Connecticut Council of Governments "NECCOG" who, as part of his or her duties, render advice or assistance to any land use agency. Planning Staff shall be the Zoning Enforcement Officer, Town Planner or employees of NECCOG.
[Ord. 5/3/10]
a. 
Base Fees. The base fees established hereby are based on a reasonable estimate of the direct and indirect costs for time spent by staff in reviewing and evaluating each type of land use application and, except as noted, the cost of any public hearing. The base fee plus the estimated costs for advertising and required legal notices shall be paid at the time the land use application is filed.
b. 
Additional Fees.
1. 
In addition to the base fees set forth herein, a Land Use Agency may require the applicant to pay an "additional fee" to defray other costs and expenses incurred by the Land Use Agency. Such additional fee shall be assessed to the applicant when the Planning Staff and/or the Land Use Agency determines that there is a need for the assistance of one or more third party consultants for review, evaluation or processing the land use application (consultation services). Consultants may be engaged to render engineering, architectural, environmental and planning services including traffic studies. Consultation services may include, but not be limited to, consultation with Town staff or the Town Attorney, discussions with the applicant or its agents, rendering such information and research that the Land Use Agency may request, the preparation of written findings and recommendations, written or oral testimony at any public hearing and post-approval inspections to ascertain that all terms and conditions of any permit have been met.
2. 
The additional fee shall be equal to the reasonable cost incurred by the Land Use Agency for such consultation services.
3. 
Upon the determination by the Town staff and/or Land Use Agency that consultation services are necessary, the Town Staff shall provide to the Land Use Agency, for its approval, a reasonable estimate of the cost based on the nature and the extent of the consultation services deemed necessary. Such determination shall be made as soon as practicable after the receipt (filing) of the land use application by the Land Use Agency and, upon approval by the Land Use Agency, the applicant shall be billed an additional fee in an amount equal to 125% of such estimate. Such additional fee shall be due and payable 10 days after receipt.
4. 
Upon receipt of an additional fee from the applicant, the Land Use Agency shall create an application specific account and shall document the amount of the additional fee and all payments made for consultation services. The Land Use Agency shall render periodic accounting to the applicant. Any balance remaining after the land use application has been acted upon shall be refunded to the applicant, provided there has been a determination by the Staff that all terms and conditions of the permit have been met.
5. 
Upon the failure of the applicant to pay such additional fee when due, the land use application shall be deemed to be incomplete and may be denied by the Land Use Agency for that reason with or without prejudice. No land use application shall be approved until the base fee, the additional fee, if any, and costs of advertising and legal notices have been paid in full.
c. 
No fees shall be required for any land use application submitted by the Town of Brooklyn or any of its municipal agencies.
[Ord. 5/3/10]
In accordance with Connecticut General Statutes Section 8-1c, upon its effective date the fee structure set forth in this chapter shall supersede any fee schedule adopted by any Land Use Agency (this schedule was adopted May 3, 2010). If any provision or fee imposed by this chapter is, for any reason, found to be invalid by a court of competent jurisdiction, such invalidation shall not affect the validity of the remaining portions of this chapter and the fees imposed.
[Ord. 5/3/10]
The Board of Selectmen, acting pursuant to the provisions of Connecticut General Statutes Section 7-157(a), may, by ordinance, amend the Schedule of Base Fees from time to time after consultation with the Land Use Agency(ies).
[Ord. 5/3/10; Ord. 11/2/11]
Base Land Use Application Fees
ZONING FEES
Text Amendment to Regulations
$250.00
Zoning Map Change
$250.00
Home Occupation
$50.00
Special Permit
$100.00 plus site plan review
Site Plan Review
2,500 sq. ft. or less
$300.00
Over 2,500 sq. ft.
$300.00 plus $15.00 per each additional 1,000 sq. ft.
Site Plan Review (multi-family/active adult or elderly)
$300.00 plus $20.00 per unit
Amendment to Site Plan After Submission
$150.00
Special Permit (Sand and Gravel)
$250.00 +
< 1,000 cu. yds.
$200.00
1,000 to 20,000 cu. yds.
$300.00
21,000 to 50,000 cu. yds.
$750.00
51,000 to 100,000 cu. yds.
$2,500.00
> 100,000 cu. yds.
$5,000.00
Annual Sand and Gravel Renewal
$100.00
ZONING PERMITS
New Residential Dwelling
$200.00
Residential Accessory Uses/Additions
$50.00
Addition/Modification of a Nonresidential Building
$75.00
New Commercial Building
$250.00
Change of Use in Existing Commercial Building
$75.00
Sign Permit
$20.00
SUBDIVISION APPROVAL
Basic Application
$250.00
Subdivision Plan Review
$250.00 per lot
Engineering Review for New Road(s) and Drainage
*
Inspection and Supervision of Road Construction and Utilities
*
Text Amendment to Subdivision Regulations
$250.00
*Included in Plan Review Fee but may be subject to the payment of additional fees as set forth in this chapter.
ZONING BOARD OF APPEALS
All Applications
$250.00
INLAND WETLANDS APPLICATION FEES
Residential (Single Lot)
$150.00
Subdivision Application
$150.00 plus $150.00 per lot in the regulated area
Commercial/Industrial
$200.00
Additional fee based on total impervious surface included in commercial/industrial application
< 20,000 sq. ft.
$400.00
20,001—50,000 sq. ft.
$1,200.00
> 50,000 sq. ft.
$800.00
Additional Fee for Significant Activity Requiring Public Hearing
$250.00
All fees payable pursuant to this chapter are nonrefundable.
In addition to any other remedies permitted by law, any land use application submitted after work has started on a project shall be subject to a surcharge of $500.00.
In addition to the fees set forth above payable to the Town of Brooklyn, each application is subject to an additional charge payable to the State of Connecticut, which, as of the effective date of this chapter is $60.00.
[Ord. 8/1/13]
The Brooklyn Land Use Officer is authorized to issue citations for violations of the Zoning Regulations and the Wetlands Regulations of the Town of Brooklyn to the extent and manner provided by this section and the Connecticut General Statutes 7-152c. Any such citation may be served either by hand or by certified mail, return receipt requested, to the person named in such citation. If the person(s) named in the citation sent by certified mail refuses to accept such mail, the citation may be sent by regular United States mail. The Land Use Officer shall file and retain an original or certified copy of the citation, as served.
a. 
Citations may be issued for those types of zoning and wetlands violations specified in paragraph b below.
b. 
The fine for each citation shall be in accordance with this schedule:
ZONING REGULATIONS
Nature of Violation
Amount of Fine
Construction of any building without Zoning approval
$150.00
Alteration of any building without Zoning approval
$100.00
Conducting an unauthorized use
$150.00
Illegal Sign
$100.00
Building beyond foundation without prior Foundation as-built or erosion control approval
$150.00
Failure to comply with an approved Site Plan, Special Permit, Subdivision or Re-subdivision including any conditions of approval
$150.00
Any other violation of the Zoning Regulations
$100.00
INLAND WETLAND REGULATIONS
Nature of Violation
Amount of Fine
For each violation
$1,000.00
* In the case of a continuing violation, each day's continuation of the violation shall be deemed a separate and distinct violation.
[Ord. No. 06-3 § 3]
The Chief Executive Officer shall appoint one or more Citation Hearing Officers, other than Police Officers or employees or persons who issue citations, to conduct the hearings authorized by this section.
[Ord. No. 06-3 § 4]
At any time within 12 months from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for any citation issued under any ordinance adopted pursuant to section 7-148 or section 22a-226d, for an alleged violation thereof, shall send notice to the person cited:
a. 
Of the allegations against him and the amount of the fines, penalties, costs or fees due;
b. 
That he may contest his liability before a Citation Hearing Officer by delivering in person or by mail written notice within 10 days of the date thereof;
c. 
That if he does not demand such hearing, an assessment and judgment shall be entered against him; and
d. 
That such judgment may issue without further notice.
[Ord. No. 06-3 § 5]
If the person who is sent notice pursuant to subsection 20-2.3 wishes to admit liability for any alleged violation, he may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to the Land Use Officer. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not deliver or mail written demand for a hearing within 10 days of the date of the first notice provided for in subsection 20-2.3 shall be deemed to have admitted liability, and the Land Use Officer shall certify such person's failure to respond to the Hearing Officer. The Hearing Officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in subsection 20-2.5.
[Ord. No. 06-3 § 6]
Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than 15 days not more than 30 days from the date of the mailing of the notice, provided the Hearing Officer shall grant upon good cause shown any reasonable request by any interested party for postponement or continuance. An original certified copy of the initial notice of violation issued by the Land Use Officer or Police Officer shall be filed and retained by the Town of Brooklyn, and shall be deemed to be a business record within the scope of CGS 52-180 and evidence of the facts contained therein. The presence of the Land Use Officer or Police Officer shall be required at the hearing if such person so requests. A person wishing to contest his liability shall appear at the hearing and may present evidence in his behalf. The Land Use Officer may present evidence on behalf of the Town of Brooklyn. If such person fails to appear, the Hearing Officer may enter an assessment by default against him upon a finding of proper notice and liability under the applicable statutes or ordinances. The Hearing Officer may accept from such person copies of Police reports, investigatory and citation reports, and other official documents by mail and may determine thereby that the appearance of such person is unnecessary. The Hearing Officer shall conduct the hearing in the order and form and with such methods of proof, as he deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The Hearing Officer shall announce his decision at the end of the hearing. If he determines that the person is not liable, he shall dismiss the matter and enter his determination in writing accordingly. If he determines that the person is liable for the violation, he shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by the applicable ordinances of the Town of Brooklyn.
[Ord. No. 06-3 § 7]
If such assessment is not paid on the date of its entry, the hearing officer shall send by first class mail a notice of assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after such mailing, a certified copy of the notice of assessment with the Clerk of a Superior Court facility designated by the Chief Court Administrator together with an entry fee of $8.00. The certified copy of notice of assessment shall constitute a record of assessment. Within such twelve-month period, assessments against the same person may be accrued and filed as one record of assessment. The Clerk shall enter judgment, in the amount of such record of assessment and court costs of $8.00, against such person in favor of the Town of Brooklyn. Notwithstanding any provision of the General Statutes, the Hearing Officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may issue without further notice to such person.
[Ord. No. 06-3 § 8]
A person against whom an assessment has been made pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of the notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for small claims case pursuant to Connecticut General Statutes (Revision of 1958) 52-259, at a Superior Court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the Judges of the Supreme Court.
[Ord. 6/28/89 § 1]
a. 
It is hereby found that rapid growth and development within the Town of Brooklyn are placing unprecedented strain upon Town roads and appurtenant drainage systems, culverts, and catch-basins.
b. 
To alleviate that siltation, and as empowered by Section 7-148 (c) of the General Statutes, the Board of Selectmen are hereby authorized to develop such regulations as they may deem appropriate to carry out the following purposes:
1. 
To provide the proper alignment, width, and grades and pavements of existing Town roads serving as a right of way to any proposed subdivision, to ensure that such existing Town roads remain safe and continue to conform to the plan of development of the Town;
2. 
To provide adequate and sufficient storm drainage systems for carrying off increased storm drainage created by any proposed subdivision and associated access road improvements, whether such additional drainage would impact upon existing Town improvements or private lands;
3. 
To provide that adequate and sufficient culverts, manholes, and catch-basins be installed to carry run-off water from the road surface and to divert road water from the proposed subdivision beneath or around existing roads without causing significant increases in erosion or sedimentation.
c. 
Compliance with the regulations adopted by the Board of Selectmen shall be a condition precedent to any application for subdivision of property within the Town of Brooklyn. Failure to comply shall be adequate cause for denial of any such application.
If any portion of this section is deemed by a court of competent jurisdiction to be impermissible, its remaining sections shall continue to be valid and enforceable.