Pursuant to Connecticut General Statutes § 8-1c, as amended, the Town of Harwinton amends Ordinance No. 82, adopted March 6, 1990, as amended by Ordinance No. 99, adopted May 19, 1998, as amended by Ordinance No. 102, adopted September 26, 2000, to amend its land use application fees schedule to cover the reasonable cost of administrative processing, technical review, zoning enforcement, legal notices and publication required for various land use applications and to defray the reasonable cost for on-site inspections to ensure compliance with its municipal land use regulations.
[HISTORY: Adopted by the Town of Harwinton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-6-1990 by Ord. No. 82, effective 4-11-1990; amended 5-19-1998 by Ord. No. 99, effective 6-5-1998; 9-26-2000 by Ord. No. 102, effective 10-12-2000; 3-9-2004 by Ord. No. 114, effective 3-27-2004]
The purpose of this article is to:
The Planning Commission, Zoning Commission, Zoning Board of Appeals, and Inland Wetlands and Watercourses Commission shall, by regulation, adopt base application fees to cover their reasonable cost of administrative processing, routine review, legal notices and publication. The Town's base application fees shall be as set forth in the current Harwinton Zoning Regulations, Subdivision Regulations, and Inland Wetlands and Watercourses Regulations, as may be amended or revised by the respective Commissions. Such fees shall be considered the minimum application fees required for a routine application.
The filing of an application constitutes the applicant's and the property owner's agreement to pay the base application fee and any additional surcharge fees. The base application fee shall be paid at the time the application is filed. If such fees are not paid when due, the Commission may deny the application as incomplete or withhold the issuance of any permit approved and commence legal action against the applicant and/or the property owner to recover the fee. In the event the Commission is compelled to retain legal counsel to recover the fee, the applicant and/or the property owner shall be liable for the Commission's reasonable attorney's fee and costs of collection.
[Amended 6-17-2008 by Ord. No. 126, effective 7-4-2008; 1-21-2014 by Ord. No. 145, effective 2-8-2014]
The following application fee schedule, to be adopted by the Zoning Commission (the "Commission") as part of its revised regulations (the "regulations"), is hereby adopted by ordinance:
Fee Schedule | |
|---|---|
Zoning permit | $5 for each $1,000 (or fraction thereof) of fair market value of the permitted construction. |
Minimum fee - $35/Maximum fee - $125 | |
The following fees are in addition to the fee for a zoning permit | |
Fee for special permit or other permit involving a public hearing plus site plan review, if appropriate | $200. The special permit fee is used to defray the cost of newspaper notice publication and other costs associated with conduct of a public hearing (plus state DEEP fee). |
Petition to establish or change zoning district boundary lines | |
For single-family residential zoning districts (CR, TR, LH) | $500 |
For all other zoning districts (RS-A, LI-A, PMF, MF, RS-B, PIP, LI-B, FH) | $1,000 |
Petition for change to Zoning Regulations (text) | $500 |
Fee for erosion and sediment control plan inspection and setback inspection | $35 for all ZEO inspections |
Fee for home occupation and professional office | $200 special permit fee plus $25 annual renewal |
Fee for bed-and-breakfast | $300 special permit fee plus $50 annual renewal |
Fee for certificate of compliance | $50 |
$60 State DEEP fee as per C.G.S. § 22a-27j to be collected with each application. | |
If property owner does not come into compliance, a cease and desist order will be issued and inspection and review fees will be charged at the rate of $50 per hour (or a fraction thereof). | |
Fees: The schedule of fees to be charged for applications shall be as set forth in Addendum A of the Zoning Regulations. | |
In addition, estimated fees for outside consultant services required to review and inspect a project shall be paid at the time the application is received. If the appropriate fee is not paid when due, the application shall be deemed incomplete and may be denied for that reason. | |
In accordance with the Harwinton ordinances, base application fees shall be considered the minimum application fee required for a routine application. When the anticipated cost of processing an application exceeds the base application fee due to the need for additional outside consultant services, beyond the standard fees, the Zoning Commission may charge the applicant an additional surcharge fee to cover the estimated reasonable cost of such consultant services. Any portion of the estimated surcharge fee not expended by the Town on such services shall be refunded to the applicant. In addition, the Zoning Commission may charge the applicant an additional surcharge fee to cover the actual, reasonable cost of outside consultant services required to review and inspect a project with approval contingent upon final payment of those fees once an approval has been issued in order to ensure compliance with the regulations and conditions of approval. | |
The fee for any application or petition to the Zoning Board of Appeals for a variance or appeal or other matter is increased from $150 to $155, plus a state fee of $20, for a total of $175, nonrefundable, due at the time of filing the application or petition.
[Amended 6-17-2008 by Ord. No. 125, effective 7-4-2008; 5-15-2018 by Ord. No. 154, effective 6-1-2018]
The following application fee schedule, adopted by the Inland Wetlands and Watercourses Commission (the "Commission") as part of its revised regulations (the "regulations") effective March 24, 2008, is hereby adopted by ordinance:
Section 19 – Application Fees | |||||
|---|---|---|---|---|---|
19.1 | Method of Payment. All fees required by these regulations shall be submitted to the Agency by personal check, certified check or money order payable to the Town of Harwinton at the time the application is filed with the Agency. | ||||
19.2 | No application shall be granted or approved by the Agency unless the correct application fee is paid in full or unless a waiver has been granted by the Agency pursuant to subsection 19.7 of its regulations. | ||||
19.3 | The application fee is not refundable. | ||||
19.4 | Definitions. As used in this section: | ||||
"Residential Uses" means activities carried out on property developed for permanent housing or being developed to be occupied by permanent housing. | |||||
"Commercial Uses" means activities carried out on property developed for industry, commerce, trade, recreation, or business or being developed to be occupied for such purposes, for profit or nonprofit. | |||||
"Other Uses" means activities other than residential uses or commercial uses. | |||||
An additional charge for the DEP notification will be added to all application fees. | |||||
19.5 | Fee Schedule. Application fees shall be based on the following schedule: | ||||
a. | Permitted and nonregulated uses (See Section 4 of the regulations) Permitted uses as of right (See Section 4.2 of the regulations) | $30 | |||
b. | Regulated uses (See Section 6 of these regulations) | ||||
Residential uses | $100 | ||||
Commercial uses | $200 plus $100 per acre of affected area | ||||
All other uses | $100 | ||||
c. | Significant activity fee (See Section 7.4 of the regulations) | $500 | |||
d. | Map amendment petition (See Section 14.3 of the regulations) | $200 plus fee from fee schedule of the regulations | |||
e. | Modification of previous approval | $100 | |||
f. | Illegal activity in a regulated area is subject to inspection and review fees and expenses at the rate of $100 per hour (or a fraction thereof) in connection with such action. | ||||
g. | After-the-fact permit | $650 plus the base permit application fees | |||
h. | Pursuant to Ordinance 102, effective 10-12-2000, Surcharge fees: | ||||
(a) | When the actual cost of processing an application exceeds the base application fee due to the need for outside consultant services, the Planning Commission, Zoning Commission, and Inland Wetlands and Watercourses Commission may charge the applicant an additional surcharge fee to cover the estimated reasonable cost of such consultant services. Any portion of the estimated surcharge fee not expended by the Town on such services shall be refunded to the applicant. | ||||
(b) | In addition the Planning Commission, Zoning Commission, and Inland Wetlands and Watercourses Commission may charge the applicant an additional surcharge fee to cover the actual, reasonable cost of outside consultant services required to review and inspect a project once an approval has been issued in order to ensure compliance with the regulations and conditions of approval. | ||||
i. | Monitoring compliance fee | As required by Agency | |||
Fees for monitoring/inspecting a site by the Agency and/or its authorized Agent(s) are additional fees and may be established at the time of the granting of the permit as follows: | |||||
1. | $300 for an anticipated need of a high level of inspection (9+ inspections) required during the course of the regulated activity; | ||||
2. | $100 for an anticipated need of a medium level of inspection (3-8 inspections) required during the course of the regulated activity; | ||||
3. | $35 for an anticipated need of a low level of inspection (1-2 inspections) required during the course of the regulated activity. | ||||
As a condition of any permit, the Agency may require that the applicant engage and pay for an independent consultant to report to the Agency the results of project monitoring and/or inspections. The consultant shall monitor and/or inspect on a schedule determined by the Agency. The consultant shall send written reports on performance on a schedule determined by the Agency simultaneously to both the Agency and the applicant. | |||||
There will be no fee for correcting typographical errors. | |||||
19.6 | Exemption. Boards, commissions, authorities and departments of the Town of Harwinton are exempt from all fee requirements. | ||||
19.7 | Waiver. 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: | ||||
a. | 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 | ||||
b. | The amount of the application fee is clearly excessive in relation to the cost to the Town for reviewing and processing the application. | ||||
The Agency shall state upon its record the basis for all actions under this subsection. | |||||
The Planning Commission fee schedule shall be as set forth in the Harwinton Subdivision Regulations and prior ordinances of the Town of Harwinton.
[Added 11-16-2009 by Ord. No. 131]
A.
Authorization. This section is adopted to implement Public Act 09-03, June Special Session, An Act Concerning Expenditures and Revenues for the Biennium Ending June 30, 2011.
B.
Land use permits; state fee. Pursuant to Connecticut General Statutes § 22a-27j, as amended by Public Act 09-03, § 396, all applications for any approval required by Chapters 124 (Zoning), 126 (Planning) and 440 (Wetlands) shall be charged a state fee of $60, of which $2 shall be retained by the Town of Harwinton for administrative costs and the remainder shall be paid to the State of Connecticut, Department of Environmental Protection. All prior land use ordinances, regulations, forms and fee schedules shall be amended accordingly.
[Added 9-25-2012 by Ord. No. 138, effective 10-13-2012]
The following surcharges are added to the following building and land use permit fees (in addition to the state surcharge) under the PermitLink services contract (PSC) to cover the cost of the Town's use of the PermitLink system under the PermitLink services contract (PSC) for issuing certain building and land use permits:
Fee-Based Permits | |
|---|---|
Type | PSC Fee |
Building permit | $10 |
Electrical permit | $10 |
Plumbing permit | $10 |
Mechanical permit | $10 |
Sign permit | $10 |
Zoning permit | $10 |
Certificate of occupancy | $0 |
Inspection forms | $0 |
Special permit | $10 |
Wetlands permit | $10 |
Subdivision permit | $10 |
Demolition permit | $10 |
[Adopted 1-24-2006 by Ord. No. 118, effective 2-11-2006]
This article is adopted pursuant to Connecticut General Statutes §§ 7-152c, 8-12a and 22a-42g, as amended.
As used in this article, the following terms shall have the meanings indicated:
Any person(s) appointed by the Board of Selectmen pursuant to Connecticut General Statutes § 7-152c(b), as amended, to conduct hearings of contested citations issued pursuant to this article. No person who serves as a zoning enforcement officer, wetlands agent, building official, police officer, an employee or person who issues citations or a member of the Zoning Commission, Inland Wetlands and Watercourses Commission, or Zoning Board of Appeals shall serve as a hearing officer.
That person appointed by the Harwinton Inland Wetlands and Watercourses Commission to enforce the Inland Wetlands and Watercourses Regulations pursuant to Connecticut General Statutes §§ 22a-42a(c)(2) and 22a-44, as amended.
Any violation of the Harwinton Inland Wetlands and Watercourses Regulations originally adopted February 26, 1974, revised January 28, 2005, as amended, as determined by the Harwinton Inland Wetlands and Watercourses Commission or its duly authorized agent.
That person appointed by the Harwinton Zoning Commission to enforce the Zoning Regulations pursuant to Connecticut General Statutes §§ 8-3(e) and 8-12.
Any violation of the Harwinton Zoning Regulations originally adopted April 28, 1955, revised July 13, 1998, as amended, as determined by the Harwinton Zoning Commission or its Zoning Enforcement Officer.
A.
The Zoning Enforcement Officer is authorized to issue citations for zoning violations as authorized by this article. The citation may be served by hand delivery or by certified mail, return receipt, to the owner or lawful occupant of the premises where the violation exists. If the person named in the citation refuses to accept certified mail, the citation may be first-class mail to the person's last known address of record.
B.
The fine for each violation shall be $150. Multiple violations may result in multiple fines on the same premises, and for continuing violations, each day of violation shall be considered a separate offense, but only one citation need be served for either multiple or continuing violations arising from the same use, structure, condition, act or activity.
C.
The fine shall not accrue until 30 days following the date of issuance of the citation.
A.
The Wetlands Agent is authorized to issue citations for wetlands violations as authorized by this article. Such citation may be served by hand delivery or by certified mail, return receipt requested, to the owner or lawful occupant of the premises where the violation exists. If the person named in the citation refuses to accept certified mail, the citation shall be served by first-class mail to the person's last known address of record.
B.
The fine for each violation shall be $150. Multiple violations may result in multiple fines on the same premises, and for continuing violations, each day of violation shall be considered a separate offense, but only one citation need be served for either multiple or continuing violations arising from the same condition, act or activity. The maximum fine for a wetlands violation citation under this article shall not exceed $1,000, regardless of the number of days the violation exists.
C.
The fine shall not accrue until 30 days following the date of issuance of the citation.
A.
Any person receiving such a citation shall be allowed a period of 30 days from receipt of the citation to make an uncontested payment of the fine specified in the citation to the Town Treasurer. If the citation has been sent by regular mail pursuant to the provisions of this article, the day of receipt of the citation shall be deemed to be three business days after the day of mailing of the citation.
B.
If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the Town Treasurer within the time allowed under this article, the Zoning Enforcement Officer shall send a notice to the person cited by certified mail, return receipt requested, informing such person:
(1)
Of the allegations against such person and the amount of the fines;
(2)
That the person cited may contest liability before a hearing officer appointed by the Board of Selectmen of the Town of Harwinton as provided in this article, by delivering, in person or by certified mail, return receipt requested, within 10 days of the date of the notice, a written demand for a hearing;
(3)
That if the person cited does not demand such a hearing, an assessment and judgment shall be entered against such person; and
(4)
That such judgment may issue without further notice.
C.
If the person who is sent notice pursuant to this article wishes to admit liability for any alleged violations, such person may, without requesting a hearing, pay the full amount of the fine, either in person or by mail, to the Zoning Enforcement Officer or Wetlands Agent, as the case may be. All fines shall be made payable to the Treasurer of the Town of Harwinton. 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 notice described in this article shall be deemed to have admitted liability, and the Zoning Enforcement Officer or the Wetlands Agent, as the case may be, shall certify to the hearing officer that such person has failed to respond. The hearing officer shall thereupon enter and assess the fines provided for by this article and shall follow the procedures hereinafter set forth in this article.
A.
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 nor more than 30 days from the date of the mailing of notice, provided the hearing officer shall grant, upon good cause shown, any reasonable request by any interested party for postponement or continuance. The presence of the Zoning Enforcement Officer or the Wetlands Agent, as the case may be, shall be required at the hearing if requested by the person who was issued the citation. A person wishing to contest liability shall appear at the hearing and may present evidence in such person's behalf. The Zoning Enforcement Officer or the Wetlands Agent may present evidence on behalf of the municipality. If the person who received the citation fails to appear, the hearing officer may enter an assessment by default against such person upon finding of proper notice and liability under the applicable provisions of the Zoning Regulations or the Inland Wetlands and Watercourses Regulations. The hearing officer may accept written information by mail from the person who received the citation 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 the hearing officer 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 the decision at the end of the hearing. If the hearing officer determines that the person who received the citation is not liable, the hearing officer shall dismiss the matter and enter that determination in writing accordingly. If the hearing officer determines that the person who received the citation is liable for the violation, the hearing officer shall forthwith enter and assess the fines against such person as provided by this article.
B.
If such assessment is not paid on the date of its entry, the hearing officer shall send by certified mail, return receipt requested, a notice of the 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 the Superior Court for the Judicial District of Litchfield, Geographical Area (GA) 18 at Bantam, together with an entry fee of $8. The certified copy of the 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 against such person in favor of the municipality. Notwithstanding any other provision of the Connecticut 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 with further notice to such person.
A person against whom an assessment has been entered pursuant to this article is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of 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 a small claims case, pursuant to Connecticut General Statutes § 52-259, in the Superior Court for the Judicial District of Litchfield, GA 18 at Bantam, which shall entitle such person to a hearing in accordance with the rules of the Judges of the Superior Court.
The remedies set forth in this article shall be deemed to be in addition to such other remedies as are provided by law. The decision to assess fines under this article shall be an exercise of municipal discretion, and shall not prevent the Zoning Enforcement Officer or the Wetlands Agent, as the case may be, from instituting enforcement action, such as a cease-and-desist order or order to show cause, concurrently with the assessment of fines.