[HISTORY: Adopted by the Board of Selectmen of the Town of Simsbury
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-25-1990]
The intent of this article is to establish a schedule of fees for the
processing of applications by certain agencies of the Town of Simsbury.
[Amended 6-10-1991; 9-4-1992; 2-26-2001]
The Simsbury Planning Commission shall charge fees for processing applications
in connection with matters administered by said Commission, as may be established
from time to time by the Board of Selectmen.
[Amended 6-10-1991; 9-4-1992; 2-26-2001]
The Simsbury Zoning Commission shall charge fees for processing applications
in connection with matters administered by said Commission, as may be established
from time to time by the Board of Selectmen.
[Amended 6-10-1991; 9-4-1992; 2-26-2001]
The Simsbury Zoning Board of Appeals shall charge fees for each individual
request for variance, an appeal of a decision of the Building Official or
an application for a special exception, as may be established from time to
time by the Board of Selectmen.
[Amended 9-4-1992; 2-26-2001]
The Simsbury Conservation Commission - Inland Wetlands and Watercourses
Agency shall charge fees for processing applications in connection with matters
administered by said Commission, as may be established from time to time by
the Board of Selectmen.
The fees set forth in this article shall supersede any and all specific
fees heretofore established pursuant to the General Statutes by any of the
aforesaid agencies of the Town of Simsbury.
[Added 9-10-2007]
A.
For purposes of this section, "large and complex project"
shall mean a land development project which has, cumulatively, proposed new
construction of 100,000 square feet of gross building area or more and/or
proposed new parking areas of 200 parking spaces or more.
B.
The Planning Commission, Zoning Commission, the Conservation Commission/Inland Wetlands and Watercourses Agency or Zoning Board of Appeals (hereinafter collectively the "land use agencies" or each individually a "land use agency") may require additional technical assistance in reviewing and evaluating applications for a large and complex project if the land use agencies or a land use agency determines that the nature, intensity, scope or impact of the proposed development is beyond the technical capacity of Town staff to fully evaluate and the actual cost of processing a municipal land use application exceeds the established minimum fee. The requested technical assistance shall directly pertain to the statutory jurisdiction of the land use agencies or land use agency requesting the supplemental fee. The requested supplemental fee shall be limited to the documented actual cost of retained technical consultants as noted in Subsection F.
C.
When, after consulting with their staff, the land use
agencies or a land use agency makes such a determination that a consultant
or consultants with technical expertise in engineering, traffic, environmental,
economics, planning and law and/or independent studies are required to process
the application, the land use agencies or a land use agency shall obtain proposals
from identified consultants. After receiving proposals for such consultant
or consultants and/or independent studies, the land use agencies or a land
use agency shall recommend the retention of selected consultants and prepare
an estimated fee based on the actual costs of retaining such consultants and
submit the proposed fee to the Board of Selectmen for adoption as a resolution.
Prior to the submission of the proposed fee to the Board of Selectmen, the
land use agencies or land use agency shall give notice of the proposed fee
to the applicant and provide the applicant with an opportunity to comment
on the scope and amount of the proposed fee.
D.
After approval of the fee by the Board of Selectmen,
the land use agencies or a land use agency shall bill the applicant for the
approved fee. The approved fee for technical assistance, together with the
application fee from the fee schedule, shall be paid forthwith. No application
shall be deemed filed and complete unless accompanied by the appropriate application
fees.
E.
Any consultant fees not expended on review of the application
shall be refunded to the applicant upon conclusion of the application process.
F.
In the event that consultant costs are in excess of the
approved fee paid by the applicant, the land use agencies or a land use agency
shall bill the applicant, who shall pay such additional costs prior to the
issuance of the permit or license sought. In no event shall the excess costs
billed to the applicant exceed 110% of the approved fee.
[Adopted 5-13-1991]
Whereas the Town has charged and intends to continue to charge fees
at Town facilities which have been constructed and maintained through the
use of funds, such as taxes, paid by residents of the Town and whereas nonresidents
are and will continue to be able to use these facilities and whereas fees
will be charged to all users of these facilities and whereas fairness dictates
that those from whose funds the facilities have been constructed and will
be maintained should have that contribution reflected in the fee, they are
charged for the use of said facilities.
At any Town recreational facility at which a fee is charged for its
use, residents may be charged a fee which is less than the fee charged to
nonresidents.
The amount of those fees shall be determined from time to time by resolution
adopted by the Board of Selectmen. In lieu of such resolution, the fees may
be established by setting them forth in the appropriate portion of the annual
Town budget as the basis for anticipated revenues from said facilities.
[Amended 11-13-1991]
A.
In determining whether a user is a resident, any two
of the following documents shall suffice as proof of resident status:
(1)
A lease agreement indicating that the proposed user currently
resides in Simsbury;
(2)
A Connecticut driver's license indicating that the
individual resides at a Simsbury street address;
(3)
A certificate of voting rights issued by the Town Clerk
at a cost of $1;
(4)
A recent telephone bill; or
(5)
A copy of a real estate tax bill indicating ownership
of property in the Town of Simsbury with an assessment value of at least $25,000.
B.
If the applicant is a minor, satisfactory proof that
the minor resides with a parent, relative or guardian who satisfies two of
the above criteria is acceptable as proof of resident status.
