[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 before the Planning Commission
or Zoning Commission 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 or a project before
the Conservation Commission which the Conservation Commission deems
complex.
[Amended 10-23-2023]
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.
