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)
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 ensure 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; Ord. of 8-1-23)
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. Where required, the fees listed are inclusive of legal notice fees (in the Town’s designated paper of record) and recording fees. Certain fees are mandated or set by the State of Vermont and may or may not be included here. All fees are listed in US dollars.
(a) Building and Zoning Permits. As per Table 6a.
Table 6a.
| | | Fee (USD) | Notes |
| Building and Zoning Permits | Accessory Dwelling Unit (ADU) | $200.00 | |
| Conversion of seasonal dwelling to year round | $200.00 | | |
| Deck | $140.00 | | |
| Demolition | $150.00 | | |
| Fence | $85.00 | | |
| Home Occupation/Home Business | $100.00 | | |
| Mobile Home Relocation | $150.00 | | |
| New Residential Construction | $150 +$0.75/sq ft | | |
| New Non-Residential Construction | $500 +$0.75/sq ft | | |
| Shed | $85.00 | | |
| Swimming Pools | $8/$1000 estimated cost of construction | Minimum fee of $85.00 | |
| Construction and renovation required by Ch. 4 of this code | $8/$1000 estimated cost of construction | Minimum fee of $85.00 | |
| Site Development (including street construction, sidewalks, site infrastructure, parking lots) | $8/$1000 estimated cost of construction | Minimum fee of $85.00 | |
| De minimis permit/amendment | $40.00 | | |
| | | | |
| Certificate of Occupancy (Inspection) | First | $0.00 | |
| Repeat or failed (each time) | $125.00 | | |
| Temporary | $125.00 | | |
| If obtained more than 18 months after permit issuance | $25.00 | Shall be paid prior to issuance of final Certificate of Occupany | |
| If after expired temporary CO | $250.00 | ||
| If human occupancy is taken prior to CO | $200/unit | ||
| | | | |
| Bianchi Letter (compliance letter) | Residential | | |
| Standard | $125.00 | | |
| For requests requiring les than two (2) weeks to process | $225.00 | | |
| For updates to letters less than two (2) years old | $75.00 | | |
| Non-Residential | $225.00 | ||
| | | | |
| Subdivision | Sketch Review | $525+$10/unit | |
| Technical Review Committee (TRC) meeting | $150.00 | | |
| Preliminary Plat Review | $1200 base fee plus tiered cost per unit plus $50/acre | Tiered cost per unit: Units 1-10: $150/unit; Units 11-20: $100/unit; Units 21+: $70/unit | |
| Final Plat Review | $800+ $10/unit | | |
| Final Plat Amendment | $525 plus $500 per additional proposed unit | | |
| | | | |
| Site Plan | Administrative Amendment | $350 | |
| Amendment | $425 | | |
| Site Plan (incl. seawall) | $525.00 | | |
| In conjunction with Final Plat | $250.00 | | |
| Conditional Use | | $425.00 | |
| | In conjunction with Site Plan | $200.00 | |
| Recess/Continuance of DRB Meeting | If at applicant's request | $100.00 | per occurrence |
| Variance | | $425.00 | |
| Appeal | | $350.00 | |
| Boundary Line Adjustment | | $350.00 | |
| Permit Extension | Building and zoning permit | $50.00 | |
| DRB decision | $150.00 | | |
| Mylar Recording | | $25.00 | per page |
| Third Party Review | Borrow Pit | $117.00* | |
| Including but not limited to engineering and legal reviews | varies | To be reimbursed by applicant at full cost | |
| Sign Permits | Permanent | $85.00 | |
| Temporary-monthly | $20.00 | | |
| Temporary-annual | $50.00 | | |
| Planning and Zoning Printing | Photocopies or letter-sized prints | $0.25 | per page |
| Large color prints up to 48" | $30.00 | | |
| Credit Card Use | A surcharge will be added to payments made with credit cards, in order to recover costs charged to the Town. | 3% | |
(b) 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.
(c) Other fees. As per table 6b.
Table 6b.
| Fee (USD) | ||||
| Amusement license | Full term | $100.00 | ||
| Limited term | $55.00 | |||
| Carter's permit | | $60 plus $35 per vehicle | ||
| Peddlers license | | $80.00 | ||
| Borrow Pit permit | | $125.00 | ||
| Excavation within public right of way | Major work such as installation of public utilities along or across the public highway | $500 plus escrow to cover full restoration cost | ||
| Other minor work | $100 | |||
(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; Ord. of 8-1-23)
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)
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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