[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
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ZONING FEES
|
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Text Amendment to Regulations
|
$250.00
|
Zoning Map Change
|
$250.00
|
Home Occupation
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$50.00
|
Special Permit
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$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 +
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< 1,000 cu. yds.
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$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.
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$5,000.00
|
Annual Sand and Gravel Renewal
|
$100.00
|
ZONING PERMITS
|
|
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New Residential Dwelling
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$200.00
|
Residential Accessory Uses/Additions
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$50.00
|
Addition/Modification of a Nonresidential Building
|
$75.00
|
New Commercial Building
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$250.00
|
Change of Use in Existing Commercial Building
|
$75.00
|
Sign Permit
|
$20.00
|
SUBDIVISION APPROVAL
|
|
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Basic Application
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$250.00
|
Subdivision Plan Review
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$250.00 per lot
|
Engineering Review for New Road(s) and Drainage
|
*
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Inspection and Supervision of Road Construction and Utilities
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*
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Text Amendment to Subdivision Regulations
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$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
|
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All Applications
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$250.00
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INLAND WETLANDS APPLICATION FEES
|
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Residential (Single Lot)
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$150.00
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Subdivision Application
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$150.00 plus $150.00 per lot in the regulated area
|
Commercial/Industrial
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$200.00
|
Additional fee based on total impervious surface
included in commercial/industrial application
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< 20,000 sq. ft.
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$400.00
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20,001—50,000 sq. ft.
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$1,200.00
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> 50,000 sq. ft.
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$800.00
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Additional Fee for Significant Activity Requiring Public Hearing
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$250.00
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All fees payable pursuant to this chapter are nonrefundable.
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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
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Nature of Violation
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Amount of Fine
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Construction of any building without Zoning approval
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$150.00
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Alteration of any building without Zoning approval
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$100.00
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Conducting an unauthorized use
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$150.00
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Illegal Sign
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$100.00
|
Building beyond foundation without prior Foundation as-built
or erosion control approval
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$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
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$100.00
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INLAND WETLAND REGULATIONS
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Nature of Violation
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Amount of Fine
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For each violation
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$1,000.00
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* 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.