Groton Open Space Association

Public Hearing Set For New Ordinance On Land-Use Application Fees

GROTON–A public hearing is to be held Oct. 17, 2006, on a proposed new ordinance that would raise land-use application fees and give the town’s Planning Commission, Zoning Commission and Zoning Board of Appeals the authority to bill developers for the cost of hiring outside experts to help evaluate complicated applications.

The Town Council set the date at its meeting Oct. 3, 2006.

The Inland Wetlands Agency had already raised its fees and obtained the expert-hiring authority May 1, 2006. The ordinance also would apply to the IWA but would have no apparent practical effect.

The new ordinance — amending Town Ordinance No. 194 — would set sharply higher fees for subdivisions (same for resubdivisions), particularly for larger subdivisions.

The proposal would establish a base fee of $400 for all applications versus a current flat fee of $230 for projects of 1-4 lots. The new additional per-lot fee for subdivision applications for 5-49 lots would be $150 a lot, up sharply from $30 at present. For 50 lots or more, the per-lot additional charge would be $125, up from $30.

The overall charge for a 4-lot subdivision would be $1,300 ($400 base plus 4 x $225 per lot = $900) — vs $230 at present.

The charge for a 10-lot subdivision would be $1,900 — ($400 base plus 10 x $150 = $1,500) versus $410 previously ($230 plus 6 x 30 = $180).

The proposed new ordinance would set higher fees than those proposed last February by the Office of Planning and Development Services. That earlier proposal would have raised the additional per-lot charge for subdivisions over 4 lots to $50, as opposed to the $150 and $125 charges that now are proposed.

The fee for Inland Wetlands Agency review of a project with potential “major” impact on wetlands would be unchanged at $400, up from $230 prior to May 1, 2006.

Fee changes other than those for subdivisions and resubdivisions are largely modest. None of the others involves expensive per-lot provisions.

The expert-fee proposal reads as follows:

“Section 3. Complex Application Fee: If an application is deemed by the Town staff or Board or Commission to be complex, the Town may charge an additional fee sufficient to cover the cost of reviewing and acting on [sic] complex application. Such fee may include, but not be limited to, the cost of retaining experts to analyze and review reports submitted by the applicant as part of the complex application. The Town staff and/or designated agent as the case may be shall estimate the Complex Application Fee within 21 days of the official receipt of the application by a respective Board or Commission. The fee shall be paid prior to the respective Board or Commission taking action on the complex application. Any portion of the Complex Application Fee in excess of the actual costs incurred shall be refunded to the applicant after publication of the Board or Commission’s decision as required by law.”

The land-use application fees are separate from the fees charged by the town for building and related permits. These separate fees have been projected at about $452,000 for Fiscal Year 2007.