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]
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.