Chapter 223: PLANNING AND ZONING
[HISTORY: Adopted by the Common Council of the City of Middletown as indicated in article histories. Amendments noted where applicable.]
ARTICLE I Security for Subdivision Improvements [Adopted August 2, 1982]
§ 223-1. Mayor authorized to execute agreements.
The Mayor is authorized to execute and deliver, on behalf of the City, agreements approved by the Planning and Zoning Commission providing for cash deposits with the City by developers to secure to the City the actual construction, installation and maintenance of improvements in subdivisions approved by the Planning and Zoning Commission.
ARTICLE II Zoning Violations [Adopted December 4, 2000]
§ 223-2. Definitions and word usage.
A. As used in this article, the following terms shall have the meanings indicated:
CITATION - A written statement of the relevant conditions and facts giving rise to the zoning violation, including a reference to the specific section(s) of the zoning regulations which has been violated.
PERSON - Any individual, firm, partnership, corporation, limited liability company, association or any other entity.
B. Masculine terms include the feminine.
§ 223-3. Authorization to issue citations; fine.
Pursuant to C.G.S. § 8-12a, as amended, and in addition to remedies provided in § 8-12 thereof, the Zoning/Wetlands Officer is hereby authorized to issue citations for violations of the zoning regulations of the City of Middletown in accordance with this article. The fine for each such zoning violation shall be $150 payable to the Treasurer of the City of Middletown.
§ 223-4. Service of citation.
Any citation issued hereunder shall be served upon the person(s) named in such citation by either in-hand service made by the Zoning/Wetlands Officer or his designated agent, or any sheriff or constable having authority to serve civil process in the State of Connecticut, or by mailing such citation to the person(s) named therein at his last known home address or other address provided by him to the Zoning/Wetlands Officer, by certified mail, return receipt requested, postage prepaid. If the citation is refused, it may be sent by regular mail to such address. The Zoning/Wetlands Officer shall retain a true and attested duplicate original of such citation.
§ 223-5. Hearing procedure.
A. The Mayor shall appoint, subject to confirmation by the Common Council, a Citation Hearing Officer to conduct the hearings authorized by this article. The Citation Hearing Officer may not be an employee of the City of Middletown and shall serve without compensation. The Citation Hearing Officer shall serve for a term of two years, unless removed for cause.
B. If the person cited fails to pay the fine within said thirty-day period, the Zoning/Wetlands Officer, pursuant to C.G.S. § 7-152c, as amended, is authorized, at any time within 12 months from the expiration of said thirty-day period, to enforce said citation by sending said person a notice informing him:
(1) Of the allegations against him and the amount of the fine due;
(2) That he may contest the citation in a hearing by delivering in person or by mail written notice within 10 days of the date thereof;
(3) That if he does not demand a hearing, an assessment of fine and judgment shall be entered against him; and
(4) That such judgment may issue without further notice.
C. If the person sent the notice required by Subsection B above does not make full payment of the fine and does not make written demand for a hearing before the Citation Hearing Officer within 10 days of the notice provided for in Subsection B above, he shall be deemed to have admitted liability, and the Zoning/Wetlands Officer shall certify such person's failure to respond to the Citation Hearing Officer. The Citation Hearing Officer shall thereupon enter and assess the fine provided for by this article.
D. If a hearing is requested, it shall be conducted in accordance with the provisions of C.G.S. § 7-152c(e), as amended.
E. The failure to pay the assessment of any fine(s) made by the Citation Hearing Officer can result in a Superior Court judgment as provided by C.G.S. § 7-152c(f), as amended, subject to judicial review as provided in C.G.S. § 7-152c(g), as amended.
ARTICLE III Land Use Application Fees [Adopted February 7, 2001]
§ 223-6. Authorization and purposes.
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.
§ 223-7. Definitions.
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 Planning, Chief Engineers in the Public Works and Water and Sewer Departments, Police Traffic Division, City Fire Marshals, City Attorney, 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.
§ 223-8. Schedule of fees.
A. Land use applicants shall pay approximately actual municipal expenses for review, evaluation and processing land use applications which are directly attributable to their land use application.
B. Fees for land use applications are charged for the following:
(1) Staff time spent undertaking or participating in the review, evaluation and processing of land use applications prior to any submission of a land use application.
(2) Staff time spent undertaking or participating in the review, evaluation, and processing of land use applications from submission of a land use application until final Commission action on the application.
C. The land use applicant shall pay an application fee which is computed as the total of the following:
(1) Residential unit business pursuit: none.
(2) Lot certification: $30.
(3) Special exception:
(a) Residential use: $50 for up to three family units and $10 per each family unit after three.
(b) Nonresidential uses: $100 for the first 1,000 square feet of building area, plus $10 per 1,000 square feet of building area up to 30,000 square feet, plus $2 per square foot of building area in excess of 30,000 square feet (minimum $100).
(4) Zoning Map amendment: $100 plus $10 per acre of area.
(5) Zoning text amendment: $100 for one section plus $50 for each additional section or subsection.
(6) Subdivision/resubdivision: a base of $200 plus $250 per lot for engineering and planning review.
(7) Site plan review. (a) Residential. Single-family or two-family: $25; additions: no fee.
(b) Nonresidential. New project: $100 for the first 1,000 square feet of building area, plus $10 per 1,000 square feet of building area up to 30,000 square feet, plus $2 per square foot of building area in excess of 30,000 square feet (minimum $100).
(8) Natural resource extraction. The application fee shall be $100 multiplied by the number of acres, to the nearest whole acre, proposed to be disturbed by extraction or storage of soil or rock materials established for compliance assurance for up to 10 acres. The fee for areas beyond 10 acres shall be $50 per acre up to 20 acres. The fee for more than 20 acres shall be $25 per acre. The application fee shall be for the time approval period established, and each application or extension shall require a separate fee.
(9) Lot line revision: $30.
(10) Addition or accessory use: $25 per 1,000 square feet of building area (minimum $25).
(11) Signs (new or changed): $25.
(12) Stormwater detention: one to 10 acres: $50; 10 to 25 acres: $100; 25+ acres: $250.
(13) Letter of zoning conformity: $25.
(14) Traffic analysis (projects with 100 required parking spaces or if required by Commission or staff): $20 per required parking space or actual cost of analysis by Commission-selected consultant.
(15) Other expert analysis: actual cost of analysis by Commission-selected consultant.
(16) Zoning Board of Appeals. (a) Location approval: $100.
(b) Appeal from City official: $100.
(c) Variance: $100.
D. All applicable fees must be paid in full at the time the land use application is filed with the Planning and Zoning Commission.
§ 223-9. Appeals.
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.
§ 223-10. Subdivision inspections.
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-% 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-% 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.
Chapter 174: HISTORIC PRESERVATION
[HISTORY: Adopted by the Common Council of the City of Middletown February 8, 1978 as § 26-1 of the 1978 Code. Amendments noted where applicable.]
§ 174-1. Duties of Planning and Zoning Commission.
A. The Planning and Zoning Commission may make such study and review as necessary of the properties within the City to determine their historic significance, may use such studies as a guide in municipal planning, may advise the Common Council and other City agencies on matters pertaining to historic preservation, may act as an A-95 review agency as provided by federal regulations for historic preservation matters in the City, and may make such studies as may be necessary to determine whether the Common Council should appoint an historic district study committee for any area or areas within the City and make appropriate recommendations to the Council.
B. The Commission shall study and report to the Council on such matters pertaining to historic preservation as may be referred to it by the Council.
C. The Commission, subject to the approval of the Common Council, may apply to the Connecticut Historical Commission or any other public or private agency for funds for the purposes set forth herein.