Chapter 6½ FEES FOR PERMITS AND LICENSES GENERALLY [1]
ARTICLE I. - IN GENERAL
ARTICLE II. - IMPACT FEES
FOOTNOTE(S):
-- (1) ---
Editor's note— Ord. of July 26, 1977 amended this Code by adding provisions designated as Ch. 13. In order to preserve the alphabetical sequence of chapters within the Code, and in accord with the preface to this volume (see page v), the editors have redesignated such provisions as Ch. 6½. (Back)
ARTICLE I. IN GENERAL
Sec. 6½-5. Permits and licenses required.
Sec. 6½-7. Penalties and fines.
Sec. 6½-8. Variances and waivers.
Sec. 6½-11. Permit to obstruct street or sidewalk; fee.
Sec. 6½-12. Permits for curb cuts; fee.
[The purpose of this Ordinance is] to insure that the taxpayers do not bear the costs involved in the areas of development, public notices, stenographic records, investigations and inspections.
(Ord. of 7-26-77; Ord. of 7-24-12; Ord. of 12-8-15; Ord. of 1-23-18)
This Ordinance shall be known and entitled as an "Ordinance Regulating Fees for Permits and Licenses and Providing Penalties for Violations thereof in the Town of Colchester, County of Chittenden, State of Vermont."
(Ord. of 7-26-77; Ord. of 12-8-15; Ord. of 1-23-18)
For the purpose of this Ordinance the following terms, phrases, words, and their derivatives shall have a meaning as given below:
(a) Town is the Town of Colchester.
(b) Selectboard is the Selectboard of the Town of Colchester.
(c) Administrative Officer is the Zoning Administrator for the Town of Colchester.
(d) Health Officer is the legally designated health officer of the Town of Colchester or his/her authorized representative.
(e) Town Manager is the Town Manager for the Town of Colchester or his/her agent or representative.
(f) Permit is a written document issued by the Town of Colchester giving a designated person permission to construct, alter or renovate.
(g) License is a written document issued by the Town of Colchester to a designated person or corporation granting permission to operate or conduct business.
(h) Affordable housing:
(1) Owner occupied dwelling unit that has a purchase price at the time of the first sale that does not exceed eighty-five (85) percent of the new construction, targeted area purchase price limits established and published annually by the Vermont Housing Finance Agency; or
(2) Rental dwelling unit that has a duration of affordability of not less than fifteen (15) years and for which the total annual cost of renting (including rent, utilities and association fees) does not exceed thirty (30) percent of the gross annual income of a household at eighty (80) percent of the county median income as defined by the U.S. Department of Housing and Urban Development.
(i) Multifamily dwelling: A building designed for or occupied by two (2) or more families with the number of families in a residence not exceed the number of dwelling units provided. For the purposes of accessory apartments authorized by Title 24 VSA Section 4412(1)(E), the accessory apartment shall be considered as a multifamily unit whereas the principal dwelling shall be considered a single-family unit.
(j) Single-family dwelling: A detached dwelling unit designed for and occupied by one (1) family. Dwelling units converted from seasonal to year-round occupancy shall be considered a new single-family dwelling.
(k) Dwelling unit: One (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single household. A dwelling unit excludes dormitories, nursing care homes and institutions, inns, hotels, motels, extended stay hotels, and other similar facilities as determined by the Administrative Officer.
(Ord. of 7-26-77; Ord. of 12-8-15; Ord. of 1-23-18)
The following fees shall be charged for the purposes indicated:
(a) Building Permits.
(1) New construction (includes additions):
a. Residential (single-family and duplex dwellings) base fee: Seventy-five dollars ($75.00) (includes twenty dollars ($20.00) recording fees) and:
1. Fifty cents ($.50) per square foot.
b. Commercial base fee: Seventy-five ($75.00) and seventy-two cents ($.72) per square foot (includes twenty dollars ($20.00) recording fees).
(2) Decks, demolition or relocation: One hundred ten dollars ($110.00) (includes twenty dollars ($20.00) recording fees).
(3) Sheds or fences: Fifty dollars ($50.00) (includes twenty dollars ($20.00) recording fees).
(4) Swimming pools: Eight dollars ($8.00) per one thousand dollars ($1,000.00) of estimated construction cost with a minimum of seventy-five dollars ($75.00) (includes twenty dollars ($20.00) recording fees).
(5) All other construction, alterations, renovations and repairs: Eight dollars ($8.00) per one thousand dollars ($1,000.00) of estimated construction cost with a minimum of seventy-five dollars ($75.00) (includes twenty dollars ($20.00) recording fees). In the case of construction projects that include decks, demolition, relocation, pools, sheds or fences as part of a combined application this fee shall be utilized instead of summing up the separate fees listed herein.
(6) Site development, (including, but not limited to, street construction, sidewalks, sanitary sewers, stormwater sewers, water lines, parking lots and all other general site work): Eight dollars ($8.00) per one thousand dollars ($1,000.00) of estimated construction cost with a minimum of seventy-five dollars ($75.00) (includes twenty dollars ($20.00) recording fees).
(7) Temporary Certificates of Occupancy: Seventy-five dollars ($75.00). If a permanent Certificate of Occupancy is not obtained by the expiration of the temporary certificate or if occupancy is taken prior to the issuance of any certificate, an additional fee of one hundred dollars ($100.00) shall be paid prior to the issuance of a permanent certificate.
(8) Failed Inspection Fee: Forty dollars ($40.00) per occurrence (shall be paid prior to issuance of a Certificate of Occupancy).
(b) Local Wastewater Permit: One hundred ten dollars ($110.00) (tank replacement).
(c) State Water and Wastewater Permit (includes recording fees):
(1) Projects 0 ≤ 560 gallons per day ..... $400.00
(2) Projects 560 ≤ 2,000 gallons per day ..... $870.00
(3) Projects 2,000 ≤ 6,500 gallons per day ..... $3,000.00
(4) Projects 6,500 ≤ 10,000 gallons per day ..... $7,500.00
(5) Projects 10,000 + gallons per day ..... $13,500.00
(d) State Water Wastewater Permit Renewal: One hundred dollars ($100.00) (includes recording fees).
(e) State Water Wastewater Permit Minor Amendment (no increase in flow and no construction): Two hundred dollars ($200.00) (includes recording fees).
(f) Development Review Board Applications (all applications shall be submitted in PDF form or subject to applicable third party consultant fees to digitize as provided herein):
(1) Conditional use/variances/appeals: Two hundred eighty dollars ($280.00) (includes legal warning and ten dollars ($10.00) recording fee) or one hundred forty dollars ($140.00) for conditional use application submitted concurrently with a site plan application (includes legal warning and ten dollars ($10.00) recording fee).
(2) Subdivision applications:
a. Sketch plan application: Two hundred fifty dollars ($250.00).
b. Preliminary plat application: Base fee three hundred fifty dollars ($350.00) (includes legal warning and ten dollars ($10.00) recording fee) plus:
1. Major residential subdivision fee of one hundred dollars ($100.00) per lot/unit.
2. Commercial or industrial or PUD fee of one hundred twenty-five dollars ($125.00) per acre or one hundred twenty-five dollars ($125.00) per lot/unit, whichever is greater.
c. Final plat application:
1. Major subdivision base fee: Three hundred fifty dollars ($350.00).
2. Minor subdivision: Three hundred fifty dollars ($350.00) (includes legal warning and ten dollars ($10.00) recording fee).
3. Final Plat Amendment (if Final Plat approval issued within past five (5) years): Three hundred fifty dollars ($350.00) (includes legal warning and ten dollars ($10.00) recording fee).
(3) Site plan applications:
a. Residential - single-family or duplex dwellings:
1. Seawall: Three hundred twenty dollars ($320.00).
2. Certificate of Appropriateness: Two hundred seventy-five ($275.00).
3. Administrative amendment: One hundred twenty dollars ($120.00).
4. All others: Two hundred thirty dollars ($230.00).
b. Commercial/industrial/PUD/residential multi-family:
1. Amendment (if site plan approval issued within past five (5) years): Two hundred seventy dollars ($270.00).
2. Administrative amendment: One hundred fifty dollars ($150.00).
3. In conjunction with Final Plat Application; One hundred fifty dollars ($150.00).
4. All others: Three hundred fifty dollars ($350.00).
All conditional use, variance, appeals, and preliminary and final plat application fees include the average fifty dollars ($50.00) legal notice fee in the local Colchester paper as well as all recording fees. If, due to time constraints, an applicant chooses to advertise in the Burlington Free Press, the applicant shall be required to pay in addition to the application fee the difference between the average legal notice fee and the actual cost of the advertisement.
(4) Recess of Development Review Board hearings: One hundred dollars ($100.00) for each recess requested by applicant.
(5) Third Party Review (including, but not limited to, engineering and legal reviews): Applicants for all permits are responsible for costs of services conducted by third party consultants/experts requested by the Town.
(g) Boundary line adjustments: Two hundred dollars ($200.00) base fee (includes seventy-five dollars ($75.00) wastewater exemption review letter and recording).
(h) Mylar recording fee: Fifteen dollars ($15.00).
(i) Sign permit:
(1) Permanent sign: Seventy-five dollars ($75.00) (includes ten dollars ($10.00) recording fee).
(2) Temporary sign permit: Twenty dollars ($20.00) per month or fifty dollars ($50.00) annually.
(j) Permit extensions: Twenty dollars ($20.00) for renewals of all building permits and one hundred dollars ($100.00) for all Development Review Board permits (includes ten dollars ($10.00) recording fee).
(k) Compliance/disclosure letters:
(1) One hundred dollars ($100.00) (includes file review).
(2) Fifty dollars ($50.00) for updates to letters less than two (2) years old (includes file review).
(3) Fifteen dollars ($15.00) all other zoning file reviews related to refinancing or sales.
(4) One hundred dollars ($100.00) surcharge for requests requiring less than two (2) weeks to process.
(l) Zoning permits:
(1) Administrative permits for home occupations and home businesses: Twenty-five dollars ($25.00) (includes ten dollars ($10.00) recording fee but does not include construction fee).
(2) Conversion to year-round permit fee: One hundred fifty dollars ($150.00) (includes twenty dollars ($20.00) recording fee but does not include construction fee).
(3) Accessory apartment: One hundred fifty dollars ($150.00) (includes twenty dollars ($20.00) recording fee but does not include construction or impact fees).
(4) All other zoning permits: Seventy-five dollars ($75.00) (includes twenty dollars ($20.00) recording fee but does not include construction fee).
(m) GIS fees:
(1) CD: Twenty-five dollars ($25.00).
(2) Eight and one-half (8.5) inches by eleven (11) inches or eleven (11) inches by seventeen (17) inches print-out: Five dollars ($5.00).
(3) Custom print-outs or projects: Twenty-five dollars (25.00) base fee (includes first fifteen (15) minutes), plus fifty cents ($0.50) per minute after the first fifteen (15) minutes.
(4) Twenty-two (22) inches by thirty-four (34) inches print out: Ten dollars ($10.00).
(n) Petitioned or requested amendments to Comprehensive Plan or Development Regulations (when filed outside annual update period prescribed in the Master Plan): Five hundred dollars ($500.00) each for Planning Commission and Selectboard hearings. Applicant or petitioner must also pay three hundred dollars ($300.00), if request is for a zone change requiring preparation of impact statement pursuant of Title 24, VSA, Section 4384(c) or 24 VSA, Section 4403(c) and Section 2.03(D) of Colchester's Development Regulations.
(o) Planning and Zoning Photocopies and Prints: Fifteen cents ($.15) per page (payment shall include discarded pages).
(p) Penalties. Permits issued after construction or change of use (includes zoning/building permit, site plan, conditional use, variance, home occupation, etc.): Penalty fee of two (2) times the normal permit cost will be charged.
(q) Carter's permit. Sixty dollars ($60.00) plus thirty-five dollars ($35.00) per vehicle.
(r) Amusement license.
(1) Full term: One hundred dollars ($100.00).
(2) Limited term: Fifty-five dollars ($55.00).
(s) Borrow pits. One hundred seventeen dollars ($117.00) (includes ten dollars ($10.00) recording fee).
(t) Sewer connection fee. Permitted allocation multiplied by the debt retirement rate.
(u) Excavation within public right-of-way.
(1) Major work such as installation of public utilities along, or excavation across, the public highway: Five hundred dollars ($500.00) plus escrow to cover full restoration cost.
(2) Other minor work within the right-of-way: One hundred dollars ($100.00).
(v) Peddlers license: Eighty dollars ($80.00).
(Ord. of 1-12-88; Ord. of 3-14-89; Ord. of 9-12-89; Ord. of 5-22-90; Ord. of 6-17-95; Ord. of 2-13-96; Ord. of 2-25-97; Ord. of 7-8-97; Ord. of 3-24-98; Ords. (two) of 12-22-98; Ord. of 4-8-03; Ord. of 2-22-05; Ord. of 2-27-07; Ord. of 6-26-11; Ord. of 7-24-12; Ord. of 12-8-15; Ord. of 1-23-18)
Cross reference— Cross References: Borrow pits and quarries, Ch. 3; building permits and fees, § 4-20 et seq.
Sec. 6½-5. Permits and licenses required.
No activity shall be commenced within the areas covered by this ordinance without a permit or license issued by the Selectboard or Administrative Officer of the Town of Colchester. Municipal organizations are exempt from fee enumerated herein.
(Ord. of 7-26-77; Ord. of 5-22-90; Ord. of 6-27-95; Ord. of 12-8-15; Ord. of 1-23-18)
The invalidity of any provision of this ordinance shall not invalidate any other part.
(Ord. of 7-26-77; Ord. of 12-8-15; Ord. of 1-23-18)
Sec. 6½-7. Penalties and fines.
Any person or corporation not obtaining the proper permit or license in violation of this ordinance shall be subject to a fine pursuant to Chapter 1, Section 1-9(b). If any violation continues, each day's violation shall be deemed a separate violation.
(Ord. of 7-26-77; Ord. of 9-10-96; Ord. of 12-8-15; Ord. of 1-23-18)
Sec. 6½-8. Variances and waivers.
Where the Selectboard finds that extraordinary and unnecessary hardships may result from strict compliance with this ordinance or where there are special circumstances, they may vary this ordinance in the public interest.
(Ord. of 7-26-77; Ord. of 12-8-15; Ord. of 1-23-18)
No permits or licenses will be issued until such time as all property taxes are current.
(Ord. of 6-27-95; Ord. of 12-8-15; Ord. of 1-23-18)
Appeals from the requirements of this ordinance shall be heard and decided by the Selectboard.
(Ord. of 6-27-95; Ord. of 12-8-15; Ord. of 1-23-18)
Sec. 6½-11. Permit to obstruct street or sidewalk; fee.
The fee for a permit for a week or part thereof shall be forty dollars ($40.00).
(Ord. of 10-10-95; Ord. of 4-8-03; Ord. of 12-8-15; Ord. of 1-23-18)
Sec. 6½-12. Permits for curb cuts; fee.
The fee for each curb cut and/or driveway application/permit shall be forty dollars ($40.00).
(Ord. of 10-10-95; Ord. of 4-8-03; Ord. of 12-8-15; Ord. of 1-23-18)
ARTICLE II. IMPACT FEES
Sec. 6½-22. Compliance with the impact fee statute.
Sec. 6½-23. Establishment of impact fees.
Sec. 6½-26. Accounting; refund.
Sec. 6½-27. Applicability of this chapter.
The purpose of this article is to:
(1) Provide for the payment by beneficiaries of new development of their proportionate share of the cost of municipal and school capital projects which benefit or are attributable to them;
(2) To require the beneficiaries to pay for or mitigate the negative effects of construction; and
(3) To provide for the proper accounting for and expenditure of impact fees collected by the Town of Colchester.
(Ord. of 11-11-97; Ord. of 12-8-15; Ord. of 1-23-18)
This article is adopted pursuant to 24 V.S.A. Chapter 59 and 24 V.S.A. Chapter 131 and shall be known as the "Colchester Impact Fee Ordinance." The terms used in this article shall have the same meanings as those terms set forth in 24 V.S.A. Chapter 131.
(Ord. of 11-11-97; Ord. of 12-8-15; Ord. of 1-23-18)
Sec. 6½-22. Compliance with the impact fee statute.
The formula for each impact fee imposed by this article is intended to comply with the provisions of 24 V.S.A. Chapter 131. Notwithstanding anything to be contrary in this article, each fee imposed by this article shall be equal to or less than the portion of the capital project which will benefit or is attributable to the development for which the permit is being issued and shall not include costs attributable to the operation, administration, or maintenance of the capital project. The fees shall be based upon a formula which reflects the level of service for the capital project to be funded and a means of assessing the impact associated with the development, such as square footage or numbers of bedrooms.
(Ord. of 11-11-97; Ord. of 12-8-15; Ord. of 1-23-18)
Sec. 6½-23. Establishment of impact fees.
(a) Recreational impact fee. A recreational impact fee shall be paid for all land development in the Town of Colchester that includes the construction of one (1) or more new residential dwelling units and/or the conversion of an existing structure, in whole or in part, for use as a residential dwelling unit including those converted from seasonal to year-round use as defined in the Colchester Development Regulations. The recreation impact fee shall be payable according to the following formula:
| Fiscal Year (July 1—June 30) | Fee per Single-Family Dwelling Unit | Fee per Multifamily Dwelling Unit |
| 2018 | $994.00 | $735.00 |
| 2019 | 1,247.00 | 923.00 |
| 2020 | 1,501.00 | 1,110.74 |
| 2021 | 1,755.00 | 1,298.70 |
| 2022 | 2,009.00 | 1,486.66 |
* For each fiscal year beyond 2022, the fees per respective unit shall increase two and one-half (2.5) percent each year unless otherwise amended.
(b) Educational impact fee. An education impact fee shall be paid for all land development in the Town of Colchester that includes an increase in the number of residential bedrooms on the land, including, but not limited to, construction of new buildings and renovations and additions to existing buildings, the installation of mobile homes and the conversion of dwelling units from seasonal to year-round use as defined in the Colchester Development Regulations. The educational impact fee shall be payable according to the following formula: Six hundred dollars ($600.00) per each new or additional bedroom including those converted from seasonal to year-round. The enactment of any new impact fee or change in the amount of an existing fee shall be established by resolution or by ordinance. If by resolution, the resolution shall be adopted in the same manner required for the adoption of an ordinance under 24 V.S.A. Chapter 59.
(Ord. of 11-11-97; Ord. of 12-8-15; Ord. of 1-23-18)
(a) Prior to issuance of a zoning permit for land development subject to payment of impact fees under this article, the permit applicant shall pay to the Administrative Officer the impact fee or fees established pursuant to this article.
(b) The Selectboard may accept in lieu of the recreation impact fee:
(1) Suitable land; and/or
(2) Monetary or in-kind donations of amenities for completion of projects defined in the Town's approved capital plan and/or official map.
(c) The Selectboard may accept payment of fees pursuant to a reasonable installment schedule with a reasonable rate of interest.
(d) Recreation impact fees for affordable units as defined herein are subject to a fifty (50) percent discount. Proof of affordability shall be submitted prior to reduction in fee.
(Ord. of 11-11-97; Ord. of 12-8-15; Ord. of 1-23-18)
Appeals from the requirements of this article shall be made to the Selectboard.
(Ord. of 11-11-97; Ord. of 12-8-15; Ord. of 1-23-18)
Sec. 6½-26. Accounting; refund.
Upon receipt of fees, the Administrative Officer shall promptly deliver to the Town Treasurer all fees collected. The Treasurer shall maintain the fees in a separate interest bearing account for impact fees and shall enter in a register the name of the payor, the amount of each fee, the land development for which each fee is collected, the capital project(s) for which the fee is intended, and the expenditure of the fee on a capital project, if any. Annually, the Treasurer shall render an accounting showing the total amounts collected, the sources of the fees, the capital projects for which each fee was expended, and the amount of impact fees spent, the total amount spent on each project, and a breakdown of the sources of funding for each project. If the fee is not spent on the capital project(s) for which the fee was intended within six (6) years of when the fee was collected, upon the request by the owner of the property for which the fee was paid pursuant to 24 V.S.A. Section 5203(e), the municipality shall refund the owner's proportionate share of the fee.
(Ord. of 11-11-97; Ord. of 12-8-15; Ord. of 1-23-18)
Sec. 6½-27. Applicability of this Ordinance.
All the general provisions of this ordinance shall apply to this Article II.
(Ord. of 11-11-97; Ord. of 12-8-15; Ord. of 1-23-18)
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