Oxford City Zoning Code
CHAPTER 157
LAND USAGE FEES, FINES AND CITATIONS
§ 157.01 PURPOSE.
The purpose of this subchapter shall be to encourage compliance with the Town Inland Wetlands and Watercourses regulations and land use regulations and to discourage violators from engaging in additional violations by increasing the penalties for additional violations.
(Ord. passed 9-12-2005; Ord. passed 12-12-2005)
§ 157.02 ISSUANCE OF CITATIONS.
(A) Pursuant to the authority vested in municipalities under Conn. Gen. Stat. § 22a-42g, any person authorized by the First Selectman of the town may issue a citation for any violation of the town and land use regulations ordinance. Any person so authorized shall be designated a Wetlands Citation Officer or Zoning Citation Officer.
(B) The town shall maintain copies of all citations issued pursuant to this subchapter for a period of no less than ten years after the dates of issuance of the respective citations. The copies shall be indexed under the names of the persons to whom the citations were issued. Within ten days after the final disposition of each citations, by payment of the specified fine or by a final decision on any appeal taken pursuant to the provisions of this subchapter, but the specified fine is not paid, a note to that effect shall be placed in the file on, or together with, the relevant citation.
(C) Any citation may be issued by hand or by certified mail, return receipt requested. If the person named in the citation fails or refuses to accept the mail, the citation may be sent by regular United States mail.
(D) Any person receiving a citation shall be allowed a period of 30 days from his or her receipt of the citation to make an uncontested payment of the fine to the town. The payment shall be made payable to the Treasurer, Town of Oxford and submitted to the Hearing Officer. If the citation has been sent by regular mail pursuant to the provision in division (C) above, the day of receipt of the citation shall be considered three business days after the date of mailing the citation.
(E) If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the town within the time allowed under division (D) above, the Wetlands or Zoning Citation Officer shall send a notice to the person cited, informing the person anew:
(1) Of the allegations against him or her and the amount of the fines;
(2) The person cited may contest liability before a Hearing Officer appointed by the First Selectman, as provided in § 157.03(A) of this subchapter, by delivering to the Wetlands or Zoning Citation Officer, c/o the Inland Wetlands Commission, in person or by certified mail, return receipt requested, within ten days of the date of notice, a written demand for a hearing;
(3) If the person cited does not demand a hearing, an assessment and judgment shall be entered against him or her; and
(4) A judgment may issue without further notice.
(F) If the person who is sent notice pursuant to division (E) above wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fine, either in person or by mail, to the town as defined in division (D) above. Any person who does not deliver or mail a written demand for a hearing within ten days of the date of the notice described in division (E) above shall be deemed to have admitted liability and the Wetlands or Zoning Citation Officer shall certify to the Hearing Officer that the person has failed to respond. The Hearing Officer shall thereupon enter and assess the fines provided for by this subchapter and shall follow the procedures set forth in § 157.05 of this subchapter.
(Ord. passed 9-12-2005; Ord. passed 12-12-2005)
§ 157.03 CITATION APPEAL AND HEARING PROCEDURES.
(A) A person who chooses to appeal a citation and requests a hearing to this effect shall be given written notice of the date, time and place for the hearing by hand or by certified mail, return receipt requested. The hearing shall be held no less than 15 days nor more than 30 days from the date of mailing of notice, provided the Hearing Officer shall grant upon good cause shown any reasonable request by an interested party for postponement or continuance. The presence of a Commission member or designated agent shall be required at the hearing to present evidence on behalf of the town. A person wishing to contest liability shall appear at the hearing and may present evidence on his or her behalf. Alternatively, the Hearing Officer may accept written information from the person who received the citation and may determine thereby that the appearance of the person is unnecessary. If the person who received the citation fails to appear or has not submitted relevant written information as specified above, the Hearing Officer may enter an assessment of default against him or her upon a finding of proper notice and liability under the applicable provisions of the wetlands and watercourses regulations.
(B) In the event that the Hearing Officer determines that he or she will not have an adequate opportunity to review documentation provided by any party to the hearing on the date of the hearing, he or she may order the hearing to be continued to a later date.
(C) The Hearing Officer shall conduct the hearing in the order and form and with methods of proof, as he or she deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The Hearing Officer shall announce his or her decision at the end of the hearing. If the Hearing Officer shall dismiss the matter, and enter that determination in writing accordingly. If the Hearing Officer determines that the person who received the citation is liable for the violation, the Hearing Officer shall forthwith enter and assess the fines against the person as provided by this subchapter.
(D) If the person who received the citation does not agree with the Hearing Officer’s assessment, he or she may appeal the decision in Superior Court in accordance with the applicable provisions of the Connecticut General Statutes.
(E) If the Hearing Officer’s assessment is not paid on the date of its entry, the Hearing Officer shall send by first class mail a notice of assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after the mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court together with the applicable entry or filing fee. A copy of this order, designating among other items, the legal description of the property involved, the amount of the fine imposed and the date of imposition shall be filed on the land records of the Town Clerk’s office. This filing shall serve as a lien on the property involved and upon which fine was issued. Further proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes.
(F) The First Selectman of the town shall appoint one or more Citation Hearing Officers, who shall be other than Wetlands or Zoning Citation Officers, Commission members or employees of the town, to conduct hearings as described in divisions (A) and (C) above.
(Ord. passed 9-12-2005; Ord. passed 12-12-2005)
§ 157.04 EXEMPTIONS.
Notwithstanding the foregoing, pursuant to Conn. Gen. Stat. § 22a-42g, no fine shall be levied against the state or any employee thereof acting within the scope of his or her employment. Likewise, no fine shall be levied against the town or any employee thereof acting within the scope of his or her employment.
(Ord. passed 9-12-2005; Ord. passed 12-12-2005)
§ 157.05 SCHEDULE OF FINES.
(A) (1) The amount of the fine specified in any citation shall be based upon the number of citations issued to the same person during the ten years immediately prior to the date of the citation being issued.
(2) The amount of the fines shall be as follows:
Number of Prior Citations | Amount of Fine |
None | $120 |
One | $250 |
Two | $500 |
Three or more | $1,000 |
(3) For the purposes of establishing the amount of the fine in accordance with the foregoing schedule, the number of prior citations shall not include any prior citations that were dismissed on appeal.
(B) The issuance of any citation under this subchapter shall not preclude the Inland Wetlands Commission or any other authorized person from seeking or obtaining additional enforcement or remedial measures, including but not limited to declaratory and injunctive relief, civil penalties, attorneys’ fees and court costs, under any other applicable provisions of federal, state or local law.
(Ord. passed 9-12-2005; Ord. passed 12-12-2005)
§ 157.06 EFFECTIVE DATE.
This subchapter shall be effective as of October 21, 2005.
(Ord. passed 9-12-2005; Ord. passed 12-12-2005)
§ 157.20 PURPOSE.
The purpose of this subchapter shall be to encourage compliance with the town inland wetlands and watercourses regulations and to discourage violators from engaging in additional violations by increasing the penalties for additional violations.
(Ord. passed 8-13-2007)
§ 157.21 ISSUANCE OF CITATIONS.
(A) Pursuant to the authority vested in municipalities under Conn. Gen. Stat. § 22a-42g, any person authorized by the First Selectman of the town may issue a citation for any violation of the town’s inland wetlands and watercourses regulations in the manner provided by this subchapter. Any person so authorized shall be designated a Wetlands Citation Officer.
(B) The town shall maintain copies of all citations issued pursuant to this subchapter for a period of no less than ten years after the dates of issuance of the respective citations. The copies shall be indexed under the names of the persons to whom the citations were issued. Within ten days after the final disposition of each citation, by payment of the specified fine or by a final decision on any appeal taken pursuant to the provisions of this subchapter, a note shall be placed in the file on, or together with, the relevant citation indicating the nature of the final disposition. If no appeal is taken of a citation issued pursuant to this subchapter, but the specified fine is not paid, a note to that effect shall be placed in the file on, or together with, the relevant citation.
(C) Any citation may be issued either by hand or by certified mail, return receipt requested. If the person named in a citation fails or refuses to accept that mail, the citation may be sent by regular United States mail.
(D) Any person receiving a citation shall be allowed a period of 30 days from his or her receipt of the citation to make an uncontested payment of the fine to the town. If the citation has been sent by regular mail pursuant to the provision in division (C) above, the day of receipt of the citation shall be considered three business days after the date of mailing the citation.
(E) If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the town within the time allowed under division (D) above, the Wetlands Citation Officer shall send a notice to the person cited, informing the person anew:
(1) Of the allegations against him or her and the amount of the fines ;
(2) That the person cited may contest liability before a Hearing Officer appointed by the First Selectman, as provided in § 157.22(A) of this subchapter, by delivering to the Wetlands Citation Officer, c/o the Inland Wetlands Commission, in person or by certified mail, return receipt requested, within ten days of the date of the notice, a written demand for a hearing;
(3) If the person cited does not demand a hearing, an assessment and judgment shall be entered against him or her; and
(4) The judgment may issue without further notice.
(F) If the person who is sent notice pursuant to division (E) above wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fine, either in person or by mail, to the town. Any person who does not deliver or mail a written demand for a hearing within ten days of the date of the notice described in division (E) above shall be deemed to have admitted liability and the Wetlands Citation Officer shall certify to the Hearing Officer that the person has failed to respond. The Hearing Officer shall thereupon enter and assess the fines provided for by this subchapter and shall follow the procedures set forth in § 157.24 of this subchapter.
(Ord. passed 8-13-2007)
§ 157.22 CITATION APPEAL AND HEARING PROCEDURES.
(A) A person who chooses to appeal a citation and requests a hearing to this effect shall be given written notice of the date, time and place for the hearing by hand or by certified mail, return receipt requested. The hearing shall be held no less than 15 days nor more than 30 days from the date of mailing of notice, provided the Hearing Officer shall grant upon good cause shown any reasonable request by an interested party for postponement or continuance. The presence of a Commission member or a designated agent shall be required at the hearing to present evidence on behalf of the town. A person wishing to contest liability shall appear at the hearing and may present evidence on his or her behalf. Alternatively, the Hearing Officer may accept written information from the person who received the citation and may determine thereby that the appearance of the person is unnecessary. If the person who received the citation fails to appear or has not submitted relevant written information as specified above, the Hearing Officer may enter an assessment of default against him or her upon a finding of proper notice and liability under the applicable provisions of the inland wetlands and watercourses regulations.
(B) In the event that the Hearing Officer determines that he or she will not have an adequate opportunity to review documentation provided by any party to the hearing on the date of the hearing, he or she may order the hearing to be continued to a later date.
(C) The Hearing Officer shall conduct the hearing in the order and form and with methods of proof, as he or she deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The Hearing Officer shall announce his or her decision at the end of the hearing. If the Hearing Officer determines that the person who received the citation is not liable, the Hearing Officer shall dismiss the matter and enter that determination in writing accordingly. If the Hearing Officer determines that the person who received the citation is liable for the violation, the Hearing Officer shall forthwith enter and assess the fines against the person as provided by this subchapter.
(D) If the person who receives the citation does not agree with the Hearing Officer’s assessment, he or she may appeal the decision in Superior Court in accordance with the applicable provisions of the Connecticut General Statutes.
(E) If the Hearing Officer’s assessment is not paid on the date of its entry, the Hearing Officer shall send by first class mail a notice of assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after the mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court together with the applicable entry or filing fee. Further proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes.
(F) The First Selectman of the town shall appoint one or more Citation Hearing Officers, who shall be other than Wetlands Citation Officers, Commission members or employees of the town, to conduct hearings as described in divisions (A) and (C) above.
(Ord. passed 8-13-2007)
§ 157.23 EXEMPTIONS.
Notwithstanding the foregoing, pursuant to Conn. Gen. Stat. § 22a-42g, no fine shall be levied against the state or any employee thereof acting within the scope of his or her employment. Likewise, no fine shall be levied against the town or any employee thereof acting within the scope of his or her employment.
(Ord. passed 8-13-2007)
§ 157.24 SCHEDULE OF FINES.
(A) (1) The amount of the fine specified in any citation shall be based upon the number of citations issued to the same person during the ten years immediately prior to the date of the citation being issued.
(2) The amount of the fines shall be as follows:
Number of Prior Citations | Amount of Fine |
None | $120 |
One | $250 |
Two | $500 |
Three or more | $1,000 |
(3) For purposes of establishing the amount of the fine in accordance with the foregoing schedule, the number of prior citations shall not include any prior citations that were dismissed on appeal.
(B) The issuance of any citation under this subchapter shall not preclude the Inland Wetlands Commission or any other authorized person from seeking or obtaining additional enforcement or remedial measures, including but not limited to declaratory and injunctive relief, civil penalties, attorneys’ fees and court costs, under any other applicable provisions of federal, state or local law.
(Ord. passed 8-13-2007)
§ 157.25 EFFECTIVE DATE.
This subchapter shall be effective as of __________________.
(Ord. passed 8-13-2007)
§ 157.40 PURPOSE.
The purpose of this subchapter shall be:
(A) To encourage compliance with the zoning regulations of the town; and
(B) To discourage violators from allowing violations to continue unabated by increasing the penalties for continuing violations.
(Ord. passed 8-13-2007)
§ 157.41 ISSUANCE OF CITATIONS.
(A) Pursuant to the authority vested in municipalities under Conn. Gen. Stat. § 8-12a, any person authorized by the Planning and Zoning Commission of the town to enforce the zoning regulations of the town (the person being referred to hereinafter as the Zoning Enforcement Officer) may issue a citation for any violation of those regulations in the manner provided by this subchapter.
(B) The town shall maintain copies of all citations issued pursuant to this subchapter for a period of no less than ten years after the dates of issuance of the respective citations. The copies shall be indexed under the names of the persons to whom the citations were issued. Within ten days after the final disposition of each citation, by payment of the specified fine or by a final decision on any appeal taken pursuant to the provisions of this subchapter, a note shall be placed in the file on, or together with, the relevant citation indicating the nature of the final disposition. If no appeal is taken of a citation issued pursuant to this subchapter, but the specified fine is not paid, a note to that effect shall be placed in the file on, or together with, the relevant citation.
(C) A citation may be issued by the Zoning Enforcement Officer either by hand or by certified mail, return receipt requested. If the person named in the citation fails or refuses to accept that mail, the citation may be sent by regular United States mail.
(D) Any person receiving a citation shall be allowed a period of 30 days from his or her receipt of the citation to make an uncontested payment of the fine to the town. If the citation has been sent by regular mail pursuant to the provision in division (C) above, the day of receipt of the citation shall be considered three business days after the date of mailing the citation. For the purposes of this subchapter,
the term BUSINESS DAYS shall include any days other than Friday, Saturday and Sunday, and legal holidays upon which the S.B. Church Memorial Town Hall is closed.
(E) If a person who has been issued a citation does not make uncontested payment of the fine specified in the citation to the town within the time allowed under division (D) above, the Zoning Enforcement Officer shall send a notice to the person cited, informing the person anew:
(1) Of the allegations against him or her and the amount of the fines;
(2) The person cited may contest liability before a Hearing Officer appointed by the First Selectman, as provided in § 157.42(A) of this subchapter, by delivering to the Zoning Enforcement Officer, in person or by certified mail, return receipt requested, within ten days of the date of the notice, a written demand for a hearing;
(3) If the person cited does not demand a hearing, an assessment and judgment shall be entered against him or her;
(4) The assessment and judgment may accrue an additional fine of $150 for each day that the
violation continues; and
(5) The judgment may issue without further notice.
(F) If the person who is sent notice pursuant to division (E) above wishes to admit liability for any alleged violation, he or she may, without requesting a hearing, pay the full amount of the fine, either in person or by mail, to the town. Any person who does not deliver or mail a written demand for a hearing within ten days of the date of the notice described in division (E) above shall be deemed to have admitted liability and the Zoning Enforcement Officer shall certify to the Hearing Officer that the person has failed to respond. The Hearing Officer shall thereupon enter and assess the fines provided for by this subchapter and shall follow the procedures set forth in § 157.44(A) of this subchapter.
(Ord. passed 8-13-2007)
§ 157.42 CITATION APPEAL AND HEARING PROCEDURES.
(A) A person who chooses to appeal a citation and requests a hearing to this effect shall be given written notice of the date, time and place for the hearing by hand or by certified mail, return receipt requested. The hearing shall be held no less than 15 days nor more than 30 days from the date of mailing of notice, provided the Hearing Officer shall grant upon good cause shown any reasonable request by an interested party for postponement or continuance. Upon request of the person appealing the citation, the presence of the Zoning Enforcement Officer shall be required at the hearing. The Zoning Commission may designate one or more persons in addition to the Zoning Enforcement Officer to present evidence on behalf of the town. A person wishing to contest liability shall appear at the hearing and may present evidence on his or her behalf. Alternatively, the Hearing Officer may accept written information from the person who received the citation and may determine thereby that the appearance of the person is unnecessary. If the person who received the citation fails to appear or has not submitted relevant written information as specified above, the Hearing Officer may enter an assessment of default against him or her upon a finding of proper notice and liability under the applicable provisions of the zoning regulations of the town.
(B) In the event that the Hearing Officer determines that he or she will not have an adequate opportunity to review documentation provided by any party to the hearing on the date of the hearing, he or she may order the hearing to be continued to a later date.
(C) The Hearing Officer shall conduct the hearing in the order and form and with methods of proof, as he or she deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The Hearing Officer shall announce his or her decision at the end of the hearing. If the Hearing Officer determines that the person who received the citation is not liable, the Hearing Officer shall dismiss the matter and enter that determination in writing accordingly. If the Hearing Officer determines that the person who received the citation is liable for the violation, the Hearing Officer shall forthwith enter and assess the fines against the person as provided by this subchapter.
(D) If the person who receives the citation does not agree with the Hearing Officer’s assessment, he or she may appeal the decision to the Superior Court in accordance with the applicable provisions of the Connecticut General Statutes.
(E) If the Hearing Officer’s assessment is not paid on the date of its entry, the Hearing Officer shall send by first class mail a notice of assessment to the person found liable and shall file, not less than 30 days nor more than 12 months after the mailing, a certified copy of the notice of assessment with the Clerk of the Superior Court together with the applicable entry or filing fee. Further proceedings may then be held pursuant to the applicable provisions of the Connecticut General Statutes. The certified copy of the notice of assessment shall constitute a record of assessment. Within the 12-month period, assessments against the same person may be accrued at the rate of $150 for each day that the violation continues and filed as one record of assessment. As provided by state law, the Clerk shall enter judgment, in the amount of the record of assessment and court costs, against the person in favor of the town, and the Hearing Officer’s assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on the judgment may issue without further notice to that person.
(F) The First Selectman of the town shall appoint one or more Citation Hearing Officers, who shall be other than a Zoning Enforcement Officer, a member of the Planning and Zoning Commission or Zoning Beard of Appeals or an employee of the town to conduct hearings as described in divisions (A) and (C) above.
(Ord. passed 8-13-2007)
§ 157.43 EXEMPTIONS.
Notwithstanding the foregoing, no fine shall be levied against the state or any employee thereof acting within the scope cf his or her employment. Likewise, no fine shall be levied against the town or any employee thereof acting within the scope of his or her employment.
(Ord. passed 8-13-2007)
§ 157.44 SCHEDULE OF FINES.
(A) The amount of the fine specified in any citation shall be $150, plus an additional $150 for each day after the date of issuance of the citation that the violation continues.
(Ord. passed 8-13-2007)
§ 157.45 EFFECTIVE DATE.
This subchapter shall be effective as of __________________.
(Ord. passed 8-13-2007)
§ 157.60 FEE ESTABLISHED.
Pursuant to Conn. Gen. Stat. § 8-1c, there is established a schedule of fees for the processing of land use applications received by the Planning and Zoning Commission, Zoning Board of Appeals and Conservation Commission. The schedule of fees established shall supersede those fees presently charged by the land use commissions and boards as previously established pursuant to any provision of the General Statutes or any special act. These fees are intended to cover a portion of the town’s costs for processing and administrative handling of land use applications, including, but not limited to: legal advertisements regarding public hearings, decisions of a commission and other matters requiring publication in a newspaper; other notifications or referrals required or authorized by applicable law; recording and transcribing, where necessary, of public hearings and meetings, the preparation of minutes and other documentation applicable to the application and other clerical expenses, staff salaries and overhead expenses for staff to the Commission, including officials of the town for whom land use application review is only a part of his or her duties, such as the Sanitarian, Fire Chief and the like, Town Attorney’s fees in direct connection with legal advice, review of documents and attendance at meetings, where deemed desirable, in connection with the application, inspection of construction and other work to ensure compliance with approved permits and applicable regulations, keeping and updating of files and other documentation relative to the application; other expenses as may be incidental to the processing of land use applications in the town.
(Ord. passed - -)
§ 157.61 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any other term not defined in this subchapter shall have the meaning set forth in the definitions section of any applicable regulations (e.g., the zoning regulations for zoning applications, the subdivision regulations for subdivision or resubdivision applications, inland wetlands and watercourses regulations for the town and the like).
COMMISSION(S). One or all of the land use regulatory agencies of the town known as the Planning and Zoning Commission, Zoning Board of Appeals and Inland Wetland/Conservation Commission.
IMPROVED LAND AREA. Any portion(s) of a development site not covered by buildings but covered by parking, driveways, outdoor storage or loading areas, lawns, formal landscaped areas or any other area not in its natural state.
PROCESSING OF LAND USE APPLICATION(S). The actions of a commission, supported by staff employed by the town of independent contractors or consultants, in receiving, reviewing and acting upon an application to conduct an activity regulated by the Commission and including both pre-action reviews and post-approval supervision of work and inspection of activities permitted.
(Ord. passed - -)
§ 157.62 EXEMPTIONS.
(A) All boards and agencies of the town, including the use of fire company properties for fire protection purposes, shall be exempt from the payment of fees established pursuant to this chapter. Each board may in whole or in part exempt an application from the payment of any or all fees if the application is for low and moderate income housing or special needs housing.
(B) In addition, each commission shall be authorized, by majority vote, to reduce or waive application fees where:
(1) The application does not appear, upon initial examination, to require intensive staff review; and
(2) The applicant is a non-profit entity which qualifies for tax deductible charitable contributions under regulations of the United States Internal Revenue Service.
(C) The Commission may also credit all or a portion of application fees from previous application(s) which were denied or withdrawn, where the review work performed on the previous application(s) may be of benefit in reviewing the new application.
(D) Any commission exempting an application from payment of a fee, in whole or in part, shall state in the minutes of the meeting at which the plan was received, the fee type exempted, the percentage exempt and reasons for granting the exemption.
(E) This exemption shall not prohibit a commission from requiring consultant reports, professional certification or conducting inspection to ensure conformance with land use regulations.
(Ord. passed - -)
§ 157.63 PAYMENT OF FEES.
(A) Other fees. The payment of a fee established in accordance with the provision of this subchapter shall not relieve the applicant, owner or his, her or their agent from the payment of other fees that may be prescribed from a different type of land use application, or by another ordinance of the town.
(B) Fees nonrefundable. All fees received by a commission as part of a land use application submission shall be nonrefundable.
(C) Method and timing of payment failure to pay. All fixed application fees shall be paid by cash, check or money order made payable to the town. Fees shall be paid at the time of application submission. The applicant shall be provided with invoices or other evidence of any additional expense(s), and reimbursement to the town shall be made within ten days after presentation of invoices or other evidence. Failure to comply with this division shall be grounds for denial of any application without prejudice, or revocation of any permit previously issued. Reimbursement of the town under this division shall be a condition for the endorsement of any plan, the issuance of any final permit or the issuance of any certificate of zoning compliance for an approved application, or the renewal of any periodic to temporary approval, as the case may be. An additional fee will be charged for any returned check. Bank checks and cash will be the only form of payment the town will accept after a check has been returned. Upon receipt of the returned check to the town, the permit will be considered null and void until restitution has been made.
(D) Updating. Fees will be updated regularly and shall be made available at the office of each land use department and Town Clerk.
(Ord. passed - -)
§ 157.64 SURCHARGE FEES.
(A) When the actual cost of processing an application fee exceeds the base application fee due to the need for outside consultant services, the Planning and Zoning Commission and Inland Wetlands Agency may charge the applicant an additional surcharge fee to cover the estimated reasonable cost of consultant services.
(B) In addition, the Planning and Zoning Commission and Inland Wetlands Agency may charge the applicant an additional surcharge fee to cover the actual, reasonable cost of outside consultant services required to review and inspect a project once an approval has been issued in order to ensure compliance with the regulations and conditions of approval.
(C) Should it be necessary for the applicant to apply to the Zoning Board of Appeals, permit fees along with any other cost related to the processing or review of the application may be charged.
(Ord. passed - -)
§ 157.65 INTERPRETATION.
Nothing in this subchapter shall be construed as modifying or limiting any provision of the planning and zoning regulations, subdivision regulations or the inland wetlands and watercourses regulations of the town.
(Ord. passed - -)