[Comp. Ords. 1983, pg. 40, 9-24-69]
The Planning and Zoning Commission hereby gives notice to all
interested parties, and to citizens of Durham, that, subsequent to
a public hearing held on September 22, 1969, the Planning and Zoning
Commission voted to adopt that certain amendment to the comprehensive
plan for the Town as follows:
Pursuant to provisions of § 12-107E of the General
Statutes, all farm land, forest land and land which is not presently
built upon or included under an approved subdivision plan, is designated
as open space land.
[Comp. Ords. 1983, pg. 118, 3-3-86, § 1; Ord. of
2-6-89; Amd. of 4-13-92; amended 12-14-2020]
(a)
Established. Pursuant to the provisions of § 8-1c of the
General Statutes, the Board of Selectmen is empowered and authorized
to establish reasonable fees for the processing of land use applications
by the Planning and Zoning Commission, Zoning Board of Appeals and
Inland Wetlands Commission and to amend or change any existing fees
adopted by ordinance.
(b)
General schedule. The general schedule of fees for land use applications
is as follows:
|
Type
|
Fee
|
|---|---|
|
Land Use General Fee Schedule
| |
|
1. Administrative Zoning Compliance Review
|
$25
|
|
2. Zoning Opinion Request
|
$25
|
|
3. Lot Line Revision Review
|
$25
|
|
Planning and Zoning Commission Application Fee Schedule
| |
|
1. Subdivision or Resubdivision
|
$100 per lot + $50 legal notice fee + 5% of the total cost of
estimated public improvements
|
|
2. Special Permit General
|
$100 + $50 legal notice fee + 3% of the total cost of estimated
public improvements
|
|
3. Zone Map Change
|
$100 + $50 legal notice fee
|
|
4. Zoning Text Amendment
|
$75 + $50 legal notice fee
|
|
5. Site Plan
|
$100 + $50 legal notice fee + 3% of the total cost of estimated
public improvements
|
|
6. Subdivision Text Amendment
|
$75 + $50 legal notice fee
|
|
7. Modifications to Special Exception
|
$75 + $50 legal notice fee
|
|
8. Modification to Site Plan Approval
|
$75 + $50 legal notice fee
|
|
Zoning Board of Appeals
| |
|
1. Variance Application
|
$125 + $50 legal notice fee
|
|
2. Appeals of an Order or Decision
|
$125 + $50 legal notice fee
|
|
Inland Wetlands and Watercourses Agency Applications
| |
|
As of Right Application Review
|
N/A
|
|
1. Wetlands Permit - URA Impacts Only
|
$100 + $50 legal notice fee
|
|
2. Wetlands Significant Impact
|
$150 + $50 legal notice fee
|
|
3. Petition to Amend Wetlands Map
|
$100 + $50 legal notice fee
|
|
Complex Application Fee: For any of the foregoing applications,
the subject 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,
including legal counsel, to analyze, review, and report on issues
requiring such expertise. The agency or the duly authorized agent
shall estimate the cost of the additional review and action.
| |
(c)
Application for solid waste facility. An application for a solid
waste facility shall follow the procedures outlined in this subsection:
(1)
BIOMEDICAL WASTE
BIOMEDICAL WASTE TREATMENT FACILITY
PERSON
PUBLIC IMPROVEMENTS
RESOURCE RECOVERY FACILITY
SOLID WASTE
SOLID WASTE DISPOSAL AREA
SOLID WASTE FACILITY
VOLUME REDUCTION PLANT
Definitions. For purposes of this section, the following words, terms
and phrases shall have the meanings ascribed to them in this subsection:
Untreated solid waste generated during the administration
of medical care or the performance of medical research involving humans
or animals of which, because of its quantity, character or composition,
has been determined by the Connecticut Department of Environmental
Protection to require special handling, including infectious waste,
pathological waste and chemotherapy waste, but excluding any solid
waste which has been classified by the state Department of Environmental
Protection as a hazardous waste pursuant to § 22a-115 of
the General Statutes or is a radioactive material regulated pursuant
to § 22a-148 of the General Statutes.
A solid waste facility capable of storing, treating or disposing
of any amount of biomedical waste, excluding any facility where the
only biomedical waste treated, stored or disposed of is biomedical
waste generated at the site.
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, municipality, agency or political or
administrative subdivision of the state, or other legal entity of
any kind.
For the purpose of this section, shall include, but shall
not be limited to, the construction of new roads to be constructed
to standards approved by the Planning and Zoning Commission, whether
such roads are to be privately owned or conveyed to the Town, improvements
to existing roads, storm drainage facilities, water and sewer lines,
the planting of trees or other landscaping and the installation of
retaining walls or other structures.
A facility utilizing processes aimed at reclaiming the material
or energy values of solid waste.
Unwanted or discarded materials, including solid, liquid,
semisolid or contained gaseous material.
The location utilized for ultimate disposal of wastes.
Any solid waste disposal area, volume reduction plant, or
resource recovery facility or biomedical waste treatment facility
operated by any municipal or regional authority or any person if such
area, plant or facility handles more than five tons a year of solid
waste or any amount of biomedical waste.
A plant designed primarily for the purpose of reducing the
volume of solid waste which must finally be disposed of, including
but not limited to incinerators, pulverizers, compactors, shredding
and baling plants, transfer stations, and compost plants or other
plants which accept and process refuse for recycling, reuse and resource
recovery.
(2)
Fee for solid waste facility application. When an application is
filed with the Planning and Zoning Commission seeking a zone change,
zoning approval, special permit or exception or site plan approval
for construction of a solid waste facility, in addition to the application
fee set forth in Subsection (b) of this section, the applicant shall
pay a minimum fee of $50,000 but not less than 1% of the estimated
cost of construction of the solid waste facility, including but not
limited to all equipment therein and all site improvements thereon.
The applicant shall provide upon the filing of the application a statement
estimating the total cost of construction. Such estimate shall be
subject to review by the Planning and Zoning Commission, its staff
and agents. Payment shall be made to the Town in the form of a bank
check or certified check.
(3)
Use of fee for solid waste facility. Upon receipt of the application
fee for the solid waste facility, the Planning and Zoning Commission
shall obtain the services of consultants to help review and evaluate
the application. Before hiring any consultants other than staff, the
Planning and Zoning Commission shall:
a.
Refer its written proposal regarding the consultants it proposes
to hire to the Board of Selectmen for a report. Failure of the Board
of Selectmen to report within 10 days after the date of official submission
of the proposal to it for a report shall be taken as approval of the
proposal. In the case of disapproval of the proposal by the Board
of Selectmen, the reasons for the disapproval shall be recorded and
transmitted to the Planning and Zoning Commission. A proposal disapproved
by the Board of Selectmen shall be adopted by the Planning and Zoning
Commission only upon the favorable vote of not less than 2/3 of all
members of the Planning and Zoning Commission.
b.
Advise the applicant, in writing, of the consultants it proposes
to hire and give the applicant 10 days from the date of notice to
comment on the qualification of those consultants. Any decision of
the Planning and Zoning Commission to hire a consultant will be final,
regardless of the applicant's approval or disapproval.
c.
The consultants shall advise the Planning and Zoning Commission of
the effects the proposed solid waste facility might reasonably be
expected to have upon the health, safety and welfare of the people
of the Town, including but not limited to the effects that the proposed
facility might reasonably be expected to have upon the subject property
and neighboring properties, natural resources, groundwater, air quality,
noise levels, volume of traffic and property values.
d.
The Planning and Zoning Commission shall draw upon the application
fee to pay for the expenses of having consultants help review, evaluate
or process the application, and testify about their reports and conclusions
before a court of law should an appeal be taken from the Planning
and Zoning Commission's final decision on the application.
e.
The Planning and Zoning Commission shall keep a separate account
of its drawings from the solid waste facility application fee and
shall periodically but not less frequently than bimonthly advise the
applicant of its expenditures and of the balance remaining from the
fee. Any portion of the application fee which the Planning and Zoning
Commission does not expend for the purposes described in this section
shall be refunded to the applicant without interest. The refund shall
be made within 30 days of the earlier of the following events:
1.
Publication by the Planning and Zoning Commission of legal notice
of a final decision, provided no appeal is taken from the commission's
decision; or
2.
Notice of decision by a court of law on any appeal from a final
decision of the Planning and Zoning Commission, provided no appeal
is taken from the court's decision and the court's decision does not
require further proceedings before any lower court or the Planning
and Zoning Commission.
(4)
Exemption for solid waste facility proposed by the Town or the Durham/Middlefield
Interlocal Advisory Board. Any application seeking the approval of
the Planning and Zoning Commission for construction of a solid waste
facility to be operated by the Town or by DMIAB shall be exempt from
the payment of the application fee required under this chapter.
(5)
Payment of application fees. All application fees, including sums
required under Subsection (c) of this section, shall be paid upon
the filing of the application.
