[HISTORY: Adopted by the Town of Willington 8-19-2009. Amendments noted where applicable.]
[Amended 10-1-2025]
Pursuant to C.G.S. § 8-1c, there is established a schedule of fees for the processing of land use applications received by the Planning and Zoning Commission and Zoning Board of Appeals. The schedule of fees established shall supersede those fees presently charged by the Planning and Zoning Commission and Zoning Board of Appeals as previously established pursuant to any provision of the General Statutes or any special act. These fees are intended to cover a portion of the Town's costs for processing and administrative handling of land use applications, including, but not limited to:
A. 
Legal advertisements regarding public hearings, decisions of a commission, and other matters requiring publication in a newspaper;
B. 
Other notifications or referrals required or authorized by applicable law;
C. 
Recording and transcribing, where necessary, of public hearings and meetings, the preparation of minutes and other documentation applicable to the application, and other clerical expenses;
D. 
Staff salaries and overhead expenses for staff to a commission, including officials of the Town for whom land use application review is only a part of their duties, such as the Health Official, Fire Chief, etc.;
E. 
Town Attorney fees in direct connection with legal advice, review of documents, and attendance at meetings, where deemed desirable, in connection with the application;
F. 
Inspection of construction and other work to ensure compliance with approved permits and applicable regulations;
G. 
Keeping and updating of files and other documentation relative to the application; and
H. 
Such other expenses as may be incidental to the processing of land use applications in the Town of Willington.
A. 
For the purpose of this chapter, the following definitions shall apply:
ADDITIONAL EXPENSES
Those reimbursements set forth in § 231-5 of this chapter.
APPLICANT
Any person, corporation, partnership, limited liability company or other entity that submits an application to a commission.
COMMISSION(S)
One or all of the land use regulatory agencies of the Town of Willington known as the "Planning and Zoning Commission" and the "Zoning Board of Appeals."
FIXED APPLICATION FEES
Those set forth in § 231-3 of this chapter.
PROCESSING OF LAND USE APPLICATION(S)
The actions of a commission, supported by staff employed by the Town of Willington, independent contractors, or consultants, in receiving, reviewing and acting upon an application to conduct an activity regulated by said commission and including both preaction reviews and post-approval supervision of work and inspection of activities permitted.
B. 
Any other term not defined in this chapter shall have the meaning set forth in the "definitions" section of any applicable regulations (e.g., Chapter 315, Zoning Regulations, for zoning applications; Chapter 310, Subdivision Regulations, for subdivision or resubdivision applications, etc.).
Commissions shall charge fixed application fees for the processing of land use applications in accordance with the following schedule:
A. 
Subdivision applications.
(1) 
Base fee. The subdivision applicant shall pay a base application fee of $250, which is intended to cover a portion of the Town's costs for review, evaluation and processing of a subdivision application. To this base subdivision application fee shall be added the following fees to cover engineering review of construction plans and inspection of improvements during construction:
(a) 
A fee of $85 for every 100 feet, or any part thereof, of new roadway proposed to be constructed as part of the subdivision and intended to be dedicated to the Town as a public highway.
(b) 
A fee of $55 for every 100 feet, or part thereof, of existing or previously approved public right-of-way for Town or state roadways abutted by the boundaries of the land contained in the proposed subdivision.
(c) 
A subdivision lot fee of $150 for each of the first 20 lots; $125 for each of the 21st through the 50th lots; $100 for each of the 51st through the 100th lots; and $75 for each new lot over 100 lots to be created by the subdivision filed with the Commission.
(d) 
An inspection fee of $50 per lot to cover a portion of the Town's cost of inspections and administrative actions to ensure compliance with approved plans for sedimentation and erosion control measures in connection with the approved subdivision application.
(2) 
The developer shall, pursuant to § 310-7.07 of Chapter 310, Subdivision Regulations, prior to the commencement of construction, arrange with the Commission and the Board of Selectmen for the employment of a clerk of the works to supervise the installation of all improvements. Such clerk of the works shall be qualified to perform the duties of such office; shall be an individual(s) approved by the First Selectman; and shall be answerable and report, as requested, to the Commission and the Board of Selectmen, acting by and through the First Selectman; and all fees and expenses of such clerk of the works shall be payable directly to the Town by the developer.
B. 
Special permit/regulation-map revision fees.
(1) 
Special permit or supporting site plan for nonresidential projects with estimated improvements costing in excess of $500,000 shall be $500.
(2) 
All other nonresidential special permit applications: $175.
(3) 
Special permit for multifamily: $500 base fee, plus $10 per dwelling unit.
(4) 
Revision to special permit or subdivision approval: 2/3 of initial application fee.
(5) 
Application for regulation change: $75.
(6) 
Application zone change/map revision: $25 per acre.
(7) 
Special permit for new (or conversion) two-family in R-80 Zone: $100.
(8) 
Special permit for home occupation, application fee: $50.
(9) 
Special permit for sand and gravel:
(a) 
Less than 1,000 cubic yards: $250.
(b) 
One thousand to 50,000 cubic yards: $500.
(c) 
Fifty thousand to 100,000 cubic yards: $1,000.
(d) 
More than 100,000 cubic yards: $2,000.
C. 
Application for certificate of compliance/zoning permit.
(1) 
Application for new single-family residence house or new construction: $75.
(2) 
Application for pool: $20.
(3) 
Addition or accessory building:
(a) 
Structure over 300 square feet: $30.
(b) 
Structure under 300 square feet: $15.
(4) 
Application for nonresidential structure:
(a) 
Gross square footage:
[1] 
Under 1,000 square feet: $200.
[2] 
One thousand to 5,000 square feet: $300.
[3] 
Five thousand to 10,000 square feet: $500.
[4] 
Over 10,000 square feet: $500 (plus $10 per 1,000 square feet of floor area over 10,000).
D. 
Zoning Board of Appeals.
(1) 
Variances.
(a) 
Residential: $120.
(b) 
Nonresidential: $175.
(2) 
Appeals of Zoning Agent decision: $120.
(3) 
Automotive use location applications: $120.
(4) 
Special exceptions: $175.
E. 
Legal notice, transcription and related expenses. Any fees for legal advertisements or transcribing or recording of hearings and/or minutes, relative to the application, not covered by the fixed fee, shall be paid for by the applicant.
[Amended 10-1-2025]
Except as provided in § 231-5 below, no application fee calculated in accordance with the preceding formulae shall exceed $10,000. Each applicant for any permit shall provide, at the time of application, the necessary data to permit the calculation of the application fee (such as cubic yards of material to be filled/excavated in an excavation application, square footage of land area to be disturbed in a wetlands application, etc.), and such information shall, where appropriate, be certified by a licensed land surveyor, professional engineer, or licensed architect. Failure to file any application fee set forth in this chapter shall be grounds for denial, without prejudice, of such application.
In addition to the fixed fees set forth in § 231-3 of this chapter, the commissions may collect payment for direct costs of materials and services performed by other than Town employees, including but not limited to specialized inspection, third-party professional certifications, and legal, stenographic and transcription services associated with any type of land use application, or require an applicant to provide certifications, inspections or professional consultant reports at the applicant's expense, where the fixed fees set forth in § 231-3 are not anticipated to cover, or do not in fact cover, such costs or expenses.
The payment of fees shall not prohibit commissions from requiring performance or forfeiture bonds to ensure the successful completion of all work as may be prescribed in the respective land use regulations.
All boards and agencies of the Town of Willington, including the use of fire company properties for fire protection purposes, shall be exempt from the payment of fees established pursuant to this chapter. This exemption shall not prohibit a commission from requiring consultant reports or professional certification or conducting inspection to ensure conformance with land use regulations.
A. 
Other fees. The payment of a fee established in accordance with the provisions of this chapter shall not relieve the applicant, owner or their agent from the payment of other fees that may be prescribed for a different type of land use application, or by another ordinance of the Town of Willington.
B. 
Fees nonrefundable. All fees received by a commission as part of a land use application submission shall be nonrefundable.
C. 
Method and timing of payment; failure to pay. All fixed application fees shall be paid by cash, check or money order made payable to the Town of Willington. Fees shall be paid at the time of application submission. The applicant shall be provided with invoices or other evidence of any additional expense(s), and reimbursement to the Town shall be made within 30 days of presentation of such invoices or other evidence. Failure to comply with this subsection shall be grounds for denial of any application without prejudice, or revocation of any permit previously issued. Reimbursement of the Town under this subsection shall be a condition for the endorsement of any plan, the issuance of any final permit, or the issuance of any certificate of zoning compliance for an approved application, or the renewal of any periodic or temporary approval, as the case may be.
The foregoing fee schedules are based upon an analysis of the expenses incurred, on average, in the processing of land use applications as of the date of passage of this chapter. The Board of Selectmen shall periodically examine the expenses incurred by the Town in the processing of land use applications and shall make recommendations for adjustments to the foregoing fee schedules based upon current staffing, regulatory requirements, and other relevant factors.
This chapter and the various parts hereof are declared to be severable, and if any part, sentence, section or clause is adjudged to be invalid, it is hereby provided that the remainder of this chapter shall not be affected thereby and shall remain in full force and effect.
All ordinances or parts of ordinances, resolutions, regulations or other documents inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.
This chapter shall become effective 15 days after publication in a newspaper pursuant to the provisions of C.G.S. § 7-157.