[Adopted 2-7-2001]
The purpose of this article is to:
A. 
Establish a schedule of fees, pursuant to C.G.S. § 8-1c, which requires new land use applications to fund the approximate actual municipal administrative costs of reviewing, evaluating and processing such applications and ensures that fees do not cause such applications to subsidize municipal expenses which are not related to reviewing, evaluating, and processing such applications.
B. 
Ensure that the system of fees does not fund municipal expenses for negotiating with land use applicants for agreements, conveyances, conditions, modifications, or any concessions desired by the municipality in the review process.
C. 
Improve the services provided land use applicants by recouping municipal expenses for reviewing, evaluating and processing land use applications.
D. 
Encourage land use applicants to become familiar with and review municipal development regulations, to submit land use applications which comply with municipal regulations, and to submit plans and proposals with fewer errors and omissions.
E. 
Establish a reasonable and equitable schedule of fees for reviewing, evaluating and processing land use applications.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person or entity who or which submits a land use application or a successor in interest.
LAND USE APPLICATIONS
Any land use applications to the Planning and Zoning Commission, including but not limited to any application for any of the following: subdivision or resubdivision, or application for amendment or revision to the same, zone changes, special exceptions and site plan reviews. "Land use applications" shall also refer to and include any and all application forms, plans, and fees required to be submitted by the zoning code or subdivision regulations and the Connecticut General Statutes.
REVIEW, EVALUATION AND PROCESSING
Includes all functions performed in connection with or association with a land use application by the Planning and Zoning Commission and any other departments of the City of Middletown or any consultant hired by the City to review, evaluate or process land use applications prior to presentation of an application and through such time as the Planning and Zoning Commission renders a final decision on such application.
STAFF
Includes all City of Middletown municipal employees, including but not limited to the Director of Land Use, Chief Engineers in the Public Works and Water and Sewer Departments, Police Traffic Division, City Fire Marshals, General Counsel, and Zoning/Wetlands Officer, who are directly involved in the review, evaluation or processing of land use applications and any consultant hired by the City to review, evaluate or process land use applications.
[Amended 5-2-2013 by Ord. No. 11-13; 6-7-2021 by Ord. No. 12-21]
[Amended 9-2-2025 by Ord. No. 09-25]
A. 
Applicants seeking review or services from the Land Use Department or boards and commissions administered by the Land Use Department shall pay fees to cover real costs to the city including but not limited to the following:
(1) 
Staff time spent undertaking or participating in the processing, review, and evaluation of land use applications subject to administrative review.
(2) 
Staff time spent undertaking or participating in the processing, review, and evaluation of land use applications in support of applications reviewed by the Planning & Zoning Commission or Zoning Board of Appeals.
(3) 
Costs related to notification requirements in newspapers with substantial circulation in the city.
(4) 
Costs related to producing print materials not submitted in support of the application.
B. 
Applicants shall pay an application fee which is computed as the total of the following:
(1) 
Residential.
(a) 
New construction: dwelling unit: $100 for the first unit and $50 for each additional unit.
(b) 
Accessory dwelling unit (new structure or conversion): $50.
(c) 
Additions and accessory structures: $20.
(d) 
Residential unit business pursuit: $20.
(2) 
Non-residential.
(a) 
New construction: $300 for the first 1,000 square feet of building area, plus $30 per 1,000 square feet of building area up to 30,000 square feet, plus $3 per square foot of building area in excess of 30,000 square feet.
(b) 
New use: (No additional structures/additions): $50.
(c) 
Site work with no new buildings/additions: $300 for the first one acre and $50 for each additional acre.
(3) 
Special exception: $200 plus site plan review fee.
(4) 
Zoning Map amendment: $300 plus $10 per acre of area.
(5) 
Zoning text amendment: $300 for one section plus $50 for each additional section or subsection.
(6) 
Subdivision/re-subdivision $300 plus $250 per lot.
(7) 
Lot certification: $50.
(8) 
Modifications to property lines: $50.
(9) 
Signs (new or changed): $25.
(10) 
Letter of zoning compliance: $40.
(11) 
Appeal of Zoning Official: $200 per appeal.
(12) 
Variance of Zoning Code: $200 per variance.
(13) 
Consultant fees: Estimated cost of analysis by Commission-selected consultant.
(14) 
Print copies (24"x36"): $10.
(15) 
Print copies (8.5"x11" or 11"x17"): $0.50 per page.
C. 
All applicable fees must be paid in full at the initial submittal otherwise the application can be considered incomplete.
D. 
Applications reviewed by the Planning & Zoning Commission or the Zoning Board of Appeals shall have an additional $60 fee pursuant to CGS § 22a-27j.
E. 
Whenever applicable, round up to the nearest 1,000 square feet or the nearest whole acre when calculating fees.
An applicant may challenge any aspect of a fee payable under this article by submitting a written appeal within 30 days of the date of the action of the Commission, or withdrawal of an application by the applicant, to the Common Council on a form available at the City Hall. The Common Council shall hear the appeal within 65 days and make a ruling within an additional 65 days.
A. 
Applicants with subdivisions involving the construction of public improvements (i.e., roads, public utilities, sidewalks) shall also, within 10 days following approval of the subdivision, pay a fee for inspection services of 3% of the public improvement construction cost as determined by the City Engineers. In the event that the inspection of the public improvements within the subdivision is made by City personnel, the City shall pay itself weekly from the deposited fee for any direct or indirect costs of inspecting the public improvements. In the event that the inspection is performed by consultants retained by the City, the actual cost of such services shall be paid to said consultants weekly by the City.
B. 
When payments for inspections services from the three-percent fee have reduced the fee to 25% of its original amount, additional funds sufficient to increase the amount on deposit to 100% of its original amount shall be immediately paid by the applicant. The Chief Engineer in the Public Works Department may reduce the amount of additional funds required from an applicant to less than 100% of the original amount, based on the amount of work performed to date and work remaining. The applicant's failure to deposit any additional amounts within five days of written request by the Chief Engineer shall constitute a breach of the applicant's obligations under the planning and zoning regulations. In the event of such breach, the City shall receive payment for all inspection services provided before or after the breach, and for all reasonable attorneys fees and other costs of collection incurred in obtaining payment for said services, from any letter of credit, performance bond or other security provided by the applicant.
C. 
Any balance of the three-percent fee for inspection services remaining after final completion and inspection of the public improvements will be returned without interest to the applicant, upon written certification by the City Engineers of completion in accordance with all City approvals and regulations.