Groton Open Space Association

New Land-Use Fee Proposal Presented To Council; UPDATED

GROTON — Michael J. Murphy, director of planning and development, has proposed a town-wide ordinance that would bring about modest increases in filing fees for land-use applications while allowing land-use boards to charge developers for expert consultation needed to evaluate applications.

Mr. Murphy presented the proposal to the Town Council Committee of the Whole Feb. 28, 2006.

The proposal would raise the per-lot application fee for proposed bigger subdivisions to $50 from the current $30. The fee for 1 to 4 lots would total $400, up from the current $230. Examples of other proposed fee changes: $400 for Inland Wetlands Agency reviews of applications for 2 or more lots with expected major impact, up from $230 at present; $400 for application for a zoning regulation amendment, up from $180; and $350 for a site plan review for a building over 100,000 square feet, up from $330.

Mr. Murphy said in a memo that the new fee schedule was recommended following a “review of statewide and region wide fee information for various land use applications” and a survey of arrangements for financing consultant costs. He said the new fees were designed to cover the “processing, legal advertising…and direct costs (postage, copying, etc.) associated with administration of the application process.”

Some communities charge considerably more. For example, Old Saybrook charges a downward-sliding scale of $150 to $75 a lot for subdivision applications, plus other fees, while Westbrook charges a flat $350 per lot. Attorney Mark K. Branse of the Glastonbury firm of Branse & Willis LLC said in an article in the Fall 2004 issue of THE HABITAT that state law allows towns to include up to “all costs” of review in application fees. “All costs” include salaries and benefits of staff, pro-rated for the amount of time they spend on new applications.

“All costs” also include post-approval monitoring of compliance.

THE HABITAT is put out by the Connecticut Association of Conservation and Inland Wetlands Commissions, Inc.

Councilor Heather Bond pointed out the higher fees established by some communities and questioned why Groton could not charge more than Mr. Murphy was suggesting. Councilor Elissa Wright asked Mr. Murphy to calculate what income Groton would derive from applying Westbrook fees to applications received by Groton in a year, based on average applications received in the last three years.

In response to a question from Councilor Peter Bartinik, Mr. Murphy said high fees aimed at deterring development could result in legal exposure of the town, and he indicated they could hurt the town’s economy.

A legal source has told GOSA that the practical limit on fees is that communities may not make a profit on them; fees must cover costs only, not exceed costs.

Mr. Murphy said he would make the calculations requested by Councilor Wright and prepare further information for the council. The matter was to be placed on the agenda for the next Committee of the Whole meeting, which is scheduled for March 14.

The expert-fee provision in the proposed ordinance is essentially the same as that embodied in a scheduled regulation change by the Inland Wetlands Agency. For details, click on: background. The ordinance would supersede the planned regulation change, though this fact apparently would not have any immediate practical effect.