Town of Cumberland, ME
Cumberland County
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A. 
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter. The Town Council, Town Manager, and Police Department shall assist the Code Enforcement Officer by reporting to him any new construction or use of land and apparent violations of this chapter.
B. 
The Code Enforcement Officer shall keep a complete record of all essential transactions of the office, including applications submitted, shoreland zoning permits granted or denied, variances granted or denied, revocation actions, revocation of shoreland zoning permits, appeals, court action, violations investigated, violations found, and fees collected. On a biennial basis, a summary of this record shall be submitted to the Director of the Bureau of Land Quality Control within the Department of Environmental Protection.
A. 
Building permit. No building or part thereof shall be erected, structurally altered, enlarged, or moved unless a building permit for such action has been issued by the Code Enforcement Officer.
(1) 
Applications for a building permit shall be accompanied by a fee as established by order of the Town Council.
(2) 
Each application to the Code Enforcement Officer for a permit to erect a new building or structure or to enlarge or to move an existing one shall be accompanied by a site plan showing the measurements of the lot and of all buildings, yards, and parking spaces, existing and proposed. The intended use or uses of land and building shall be indicated clearly.
B. 
Use permit. The fee for a use permit shall be established by order of the Town Council unless a fee for a building permit has previously been paid.
(1) 
No building or part thereof that has been erected, altered, enlarged or relocated shall be occupied or used unless a use permit has been issued by the Code Enforcement Officer.
(2) 
A temporary use permit may be issued by the Code Enforcement Officer for a period of six months during the completion of work, provided that such temporary permits may require such conditions and safeguards as will protect the health, safety, and welfare of the occupants and the public.
(3) 
The establishment of an office or home occupation within a dwelling shall require a use permit.
C. 
Demolition permits. The fee for a permit for the demolition of a building or structure shall be established by order of the Town Council. No permit shall be issued until notice of the application has been posted in the Town office for at least 10 days.
(1) 
Before a building can be demolished or removed, the owner or agent shall notify all utilities having service connections within the building, such as water, electric, gas, sewer, and other connections.
(2) 
Any other application for a building permit, and any application for a use permit, shall be accompanied by a description of the intended use or uses of the land and buildings and such further details as the Code Enforcement Officer may reasonably require for a clear understanding of the case.
D. 
Excavation of land and removal of earth products. An application to the Board of Adjustment and Appeals for a permit to excavate land or remove earth products shall be accompanied by a fee as established by order of the Town Council. Outside consulting fees shall be charged in accordance with § 315-81. Upon annual renewal of the application for the excavation of land and the removal of earth products, such application shall be accompanied by an application fee as established by order of the Town Council.[1]
[1]
Editor's Note: Original Sec. 602.5, Shoreland zoning permits, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 226, Shoreland Zoning.
E. 
Belated permits. In addition to the cost of a permit, all belated permits will be subject to a fine as established by order of the Town Council.
A. 
There is hereby created a Board of Adjustment and Appeals to assist in the administration of this chapter. Such Board shall serve as a board of appeals pursuant to 30-A M.R.S.A. § 2691 and may perform such other functions as may be delegated to it by other ordinances.
(1) 
The Board shall consist of seven members and one alternate member appointed by the Town Council. They shall be residents of the Town and serve without compensation. Appointments to the Board shall be for terms of three years; provided, however, that initial appointments to the Board shall be as follows: two members shall be appointed for terms of three years each, two members for two-year terms and one member for a one-year term. The initial appointment of the sixth and seventh members of the Board shall be for two-year terms, so that their initial terms shall expire in the same year that the single appointment from the five-member Board would normally occur. The Board shall elect annually a Chairman and Clerk from its membership. The alternate member shall have full voting rights when any of the seven appointed members are absent or excused from any meeting. The alternate member shall not participate as a Board member in any meeting when the full Board is in attendance. When there is a vacancy on the Board, the Town Council shall appoint a person to serve for the balance of the unexpired term.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Neither a Town Councilor, a member of the Planning Board, nor his or her spouse may be a member of the Board.
(3) 
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members, except the member who is being challenged.
(4) 
Vacancies may occur by reason of resignation, death, removal from the Town and, when certified to the Council by a majority of the members of the Board, by failure to attend at least 75% of the Board meetings, regular or special, during any twelve-month period. A member may also be removed for cause, after notice and hearing, by the Town Council. Vacancies shall be filled by the Council for the unexpired term.
(5) 
Four members of the Board shall constitute a quorum for the hearing of appeals. If less than a quorum is present, the hearing may be adjourned for a period not exceeding two weeks at any one time, and the Clerk to the Board shall in writing notify all members of the next date of the hearing to be rescheduled. Any hearing at which a quorum is present may also be adjourned in like manner by a majority of those present for such time or upon such call as is determined by vote with the same written notification by the Clerk. The Clerk shall also give notice of adjourned hearing to all other interested parties as shall be directed in the vote of adjournment.
(6) 
The Board shall be guided in its procedures by the provisions of 30-A M.R.S.A. § 2691 and 1 M.R.S.A. § 401 et seq.
B. 
The Board shall have the following powers and duties:
(1) 
Interpretation. Upon appeal from a decision of the Code Enforcement Officer, the Board shall determine whether the decisions of the Code Enforcement Officer are in conformity with the provisions of this chapter and interpret the meaning of this chapter in cases of uncertainty.
(2) 
Variances. Upon appeal from a decision of the Code Enforcement Officer, the Board shall have the power to vary the dimensional requirements of this chapter that relate to size and height of structures, setback distances, and size of signs. A variance shall only be granted where such variance will not be contrary to public health, safety, or general welfare. The Board may only grant those variances related to lot coverage, lot frontage, or setback requirements for lots that are not located in a shoreland or resource protection overlay district if the Board finds that strict application of this chapter to the petitioner would cause practical difficulty. For any sign or height variance or any dimensional variance sought for a lot located in a shoreland or resource protection overlay district, the Board must find that a literal enforcement of this chapter would result in unnecessary and undue hardship and that such hardship arises out of conditions peculiar to the property and is not the result of any action of the applicant or a prior owner. A variance shall not be granted for the establishment or expansion of a use otherwise prohibited. The presence of other nonconformities in the neighborhood or zoning district shall not constitute grounds for a variance.
(3) 
Special exceptions. The Board shall have the power and duty to approve, deny, or approve with conditions special exceptions only where such approval is specifically required. Where an advisory report from the Planning Board is required, the Building Inspector shall refer the application to the Planning Board for its review and recommendations at least 30 days prior to the meeting of the Board of Adjustment and Appeals; however, where site plan or subdivision review is required, the applicant shall apply to the Board of Adjustment and Appeals for special exception approval prior to the submission of a detailed site plan for Planning Board approval, but any conditions imposed by the Board of Adjustment and Appeals shall be binding upon the applicant and upon the Planning Board. The applicant shall have the burden of proving that his application is in compliance with the requirements of this chapter. After the submission of a complete application, the Board shall approve a special exception application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use, with any conditions attached, meets the following standards:
(a) 
The proposed use will not create hazards to vehicular or pedestrian traffic on the roads and sidewalks serving the proposed use as determined by the size and condition of such roads and sidewalks, lighting, drainage, intensity of use by both pedestrians and vehicles and the visibility afforded to pedestrians and the operators of motor vehicles.
(b) 
The proposed use will not cause water pollution, sedimentation, or erosion, contaminate any water supply or reduce the capacity of the land to hold water so that a dangerous, aesthetically unpleasant, or unhealthy condition may result.
(c) 
The proposed use will not create unhealthful conditions because of smoke, dust, or other airborne contaminants.
(d) 
The proposed use will be compatible with the uses that are adjacent to and neighboring the proposed location, as measured in terms of its physical size, intensity of use, visual impact, and proximity to other structures, and the scale and bulk of any new structures for the proposed use shall be compatible with structures existing or permitted to be constructed on neighboring properties.
(e) 
The proposed use will not create nuisances to neighboring properties because of odors, fumes, glare, hours of operation, noise, vibration or fire hazard or restrict access of light and air to neighboring properties.
(f) 
The proposed location for the use has no peculiar physical characteristics due to its size, shape, topography, or soils which will create or aggravate adverse environmental impacts on surrounding properties.
(g) 
The proposed use has no unusual characteristics atypical of the generic use which proposed use will depreciate the economic value of surrounding properties.
(h) 
If located in a shoreland zone, the proposed use will not result in damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat; will conserve shoreland vegetation; will conserve visual points of access to waters as viewed from public facilities; will conserve actual points of access to waters; will conserve natural beauty; and will avoid problems associated with floodplain development and use.
(4) 
Shoreland zoning permits or variances.
(a) 
An administrative or variance appeal may be taken to the Board of Adjustment and Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board under the shoreland zoning provisions of this chapter.[2] Such appeal shall be taken within 30 days of the date of the decision appealed from, and not otherwise, and such appeal shall be governed by Subsection B(1) and (2) except as additionally modified herein. Notwithstanding Subsection B(2), a variance under this section also may be granted for percent of lot coverage, lot width, lot area, water setbacks, substantial expansions, and water frontage requirements.
[2]
Editor's Note: See Ch. 226, Shoreland Zoning.
(b) 
Such appeal shall be made by filing with the Board of Adjustment and Appeals a written notice of appeal which includes:
[1] 
A concise written statement indicating what relief is requested and why it should be granted.
[2] 
A sketch drawn to scale showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the relief sought.
(c) 
Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Adjustment and Appeals all of the papers constituting the record of the decision appealed from.
(d) 
The Board of Adjustment and Appeals shall hold a public hearing on the appeal within 35 days of its receipt of an appeal request.
(e) 
A copy of all variances granted by the Board of Adjustment and Appeals shall be submitted to the Department of Environmental Protection within 14 days of the decision.
(5) 
Other permits. The Board shall also have the power and duty to pass upon the issuing of certain permits or approvals where expressly authorized by this chapter.
(6) 
Conditions for approval. In granting appeals or special exception approvals under this section, the Board of Adjustment and Appeals may impose such conditions as it deems necessary in furtherance of the intent and purpose of this chapter, to assure that there will be no adverse effects on adjacent properties, and to assure that the proposed use or modification will be compatible with other uses in the neighborhood or district.
(a) 
Such conditions for approval may be imposed based upon the following factors:
[1] 
The location of buildings, drives, parking areas, lighting, signs, and other outdoor storage areas.
[2] 
Access to the site for vehicular and pedestrian traffic and emergency access.
[3] 
Sight distance at access points.
[4] 
Fences, screening and buffering.
[5] 
Landscaping and storm drainage.
[6] 
Garbage storage and snow storage areas.
[7] 
Any other factors relating to the impact of the proposed use on neighboring properties or on the public health, safety, and welfare.
(b) 
The concurring votes of at least three members of the Board shall be required for the approval of any appeal or application.
(7) 
Additional special exception performance standards in certain zones. In addition to the standards contained in Subsection B(3), all special exceptions must conform to the performance standards set forth herein. No use already established on the date of adoption of this chapter shall be so altered or modified as to conflict with or, if already in conflict with, to further conflict with these performance standards.
(a) 
The volume of sound, measured by a sound-level meter and frequency weighting network (manufactured according the standards prescribed by the American National Standards Institute), inherently and recurrently generated shall not exceed a maximum of 60 decibels at lot boundaries, excepting air raid sirens and similar warning devices;[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Vibration inherently and recurrently generated shall not exceed a peak particle velocity of 0.01 inch per second at lot boundaries;
(c) 
No materials or wastes shall be deposited on any lot in such form or manner that they may be transferred beyond the lot boundaries by regularly recurring natural causes or forces, and all materials which cause fumes or dust, constitute a fire hazard, or are edible or otherwise attractive to rodents or insects if stored out of doors shall be in closed containers;
(d) 
The emission of noxious, odorous matter across lot boundaries in such quantities as to be offensive to persons of ordinary sensibilities is prohibited; and
(e) 
No discharge into any private sewage disposal system or stream or into the ground of any materials in such nature or at such temperature as to contaminate any water supply or otherwise cause the emission of dangerous or unhealthful elements is permitted, and no accumulation of solid waste conducive to the breeding of rodents or insects shall be allowed.
C. 
Hearings.
(1) 
For all appeals from decisions of the Code Enforcement Officer, and for the consideration of all applications for variances, special exceptions, or other permits requiring approval of the Board, the Board shall hold a public hearing as prescribed herein. At least seven days before the hearing, the Clerk of the Board of Adjustment and Appeals shall notify by mail the owners of properties located within 300 feet of the lot line of the property for which the appeal or application shall be made. In addition to the notice by mail, the Clerk to the Board of Adjustment and Appeals shall also cause to be published, at least seven days before the hearing, in a newspaper of general circulation in the Town, a notice summarizing the nature of the appeal and the time and place of the hearing.
(2) 
Failure of a property owner to receive notice by mail shall not invalidate actions taken by the Board. Property owners as listed on the Assessor's records shall be deemed to be the persons to whom such notice should be mailed.
(3) 
The Code Enforcement Officer, unless prevented by illness or absence from the state, shall attend all hearings and shall present to the Board all plans, photographs, or other factual materials which are appropriate to an understanding of matters before the Board.
(4) 
Written notice of the decision of the Board shall be sent to the appellant and to the Code Enforcement Officer within seven days of the date of the hearing in accordance with 30-A M.R.S.A. § 2691.
D. 
Appeal procedure.
(1) 
Any person with standing or equity aggrieved by a decision of the Code Enforcement Officer may appeal such decision to the Board of Adjustment and Appeals within 30 days inclusive of the date of such decision.
(2) 
Within 30 days of the date of the decision of the Code Enforcement Officer, the appeal shall be entered at the office of the Town Clerk upon forms to be approved by the Board of Adjustment and Appeals. The appellant shall set forth on said form the ground of his appeal and shall refer to the specific provisions of this chapter, the Maine Uniform Building and Energy Code, state regulation, private or special law, case law, statute and amendments thereto, whichever may be involved. The appellant in such case shall pay a fee as established by order of the Town Council. Outside consulting fees may be assessed as provided in § 315-81 only where necessary to protect the public health, safety, or welfare.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Following the receipt of any appeal, the Town Clerk shall notify the Code Enforcement Officer and the Chairman of the Board of Adjustment and Appeals of the appeal. The Chairman shall then fix the date for a hearing within 30 days of the appeal. The notice to the Board shall be in order for hearing at a meeting of the Board following by at least seven days any publication of notice and the mailing of notices as prescribed above.
(4) 
An aggrieved party may appeal from the decision of the Board to the Superior Court, as provided for by statute.
E. 
Successive appeals. After a decision has been made by the Board of Adjustment and Appeals, a new appeal of similar import concerning the same property shall not be entertained by the Board until one year shall have elapsed from the date of said decision, except that the Board may entertain a new appeal if the Chairman believes that, owing to a mistake of law or misunderstanding of fact, an injustice was done, or if he believes that a change has taken place in some essential aspect of the case sufficient to warrant a reconsideration of the appeal.
F. 
Expiration of rights. Rights granted by the Board of Adjustment and Appeals shall expire if the work or change authorized is not begun within six months or substantially completed within one year of the date of vote by the Board.
A. 
Amendments may be initiated by the Planning Board, the Town Council, by any landowner or his authorized agent or by a person having a written agreement to purchase the property.
B. 
Before public hearing by the Town Council, any proposed amendment or change, unless initiated by the Planning Board, shall be submitted to the Planning Board for public hearing and recommendations to the Town Council; public notice of such hearing shall be given by publication in a newspaper of general circulation within the Town at least 10 days prior to the date thereof.
C. 
Amendments to the text or the Zoning Map shall be consistent with the adopted Comprehensive Plan and shall be consistent with the purpose of this chapter as stated in § 315-2.
D. 
Proposals for change of zone shall include a site plan for the proposed use drawn in compliance with Chapter 229, Site Plan Review, of this Code and shall also include a location map showing the existing and proposed zone classification and zone boundaries. If a petitioner fails to begin construction in a substantial manner in accordance with an approved plan within one year from the effective date of the rezoning, the Planning Board shall initiate rezoning to the original zone classification by the Town Council. No request for change of zone shall be considered within one year from the date of Town Council denial of the same request.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 8-23-2016]
In consideration of a request for change in zoning classification for a particular property or group of properties under the provisions of § 315-78, the Town Council may impose certain conditions on the use of the property where it finds that such conditions are necessary to protect the public health, safety, and general welfare, and when the Town Council seeks to advance desired land use objectives consistent with the Comprehensive Plan.
A. 
Standards.
(1) 
Any zone change adopted pursuant to this section shall be subject to a contractual agreement executed by authorized representatives of both the property owner and the Town providing for the implementation and enforcement of the conditions of the agreement.
(2) 
The agreement shall only include conditions which relate to the physical development or operation of the property.
(3) 
Any zone change permitted under this section shall be consistent with the Comprehensive Plan of the Town, with the existing uses in the zone, and with the other permitted uses in the zone.
(4) 
The proposed contract zoning agreement shall clearly describe the extent of variation (if any) from the lot standards for the zone in which the parcel is located.
B. 
Conditions. In considering the conditions for approving a zone change under these provisions, the Town Council may consider the following factors:
(1) 
Limitations on the number and type of permitted uses of the property.
(2) 
The height and lot coverage of any structure.
(3) 
The setback of any structure.
(4) 
The lot size standards.
(5) 
The hours of operation for the proposed use.
(6) 
The installation, operation and maintenance of physical improvements, such as parking lots, traffic control devices, fencing, shrubbery and screening.
(7) 
The creation of open space areas or buffer zones.
(8) 
The dedication of property for public purposes, such as streets, sidewalks, paths, trails, parks, utility systems, stormwater management systems and conservation easements.
C. 
Procedures.
(1) 
Application. The applicant shall submit a completed application form (See Appendix A)[1] to the Town Manager along with the required application fee and a fee for review of the proposal by the Town Attorney and/or engineers. The amount of the review fee will be determined by the Town Manager, and the fee shall be placed into an escrow account to be held by the Town.
(a) 
Town as applicant. If the Town is the applicant for a change in zoning classification for a particular property or a group of properties under the provisions of § 315-78, the application upon approval of the Town Council shall proceed in accordance with Subsection C(3) below.
(b) 
Other applicants. Any Cumberland landowner or his/her authorized agent, or any person having a written agreement to purchase a particular property or group of properties in Cumberland from a Cumberland landowner, may apply for a change in zoning classification for that particular property or group of properties under the provisions of § 315-78.
[1]
Editor's Note: Appendix A is on file in the Town offices.
(2) 
Staff Recommendation to the Town Council. The proposed application will be reviewed by the Town Manager and Town Planner, and any other staff as deemed necessary and appropriate by the Town Manager and Town Planner. The reviewing staff members will prepare a recommendation to be submitted to the Town Council as to whether or not to allow the application to continue according to the process outlined in this section. If the Town Council votes to accept the application and allow it to continue through the process, the application shall move to the next step outlined below. If the Town Council votes not to accept the application, it will not continue through the process and will not be considered further.
(3) 
Neighborhood meeting.
(a) 
The Town as applicant under Subsection C(1) above or on behalf of another applicant as described in Subsection C(2) above shall invite all property owners within a five-hundred-foot radius of the proposed project to a neighborhood meeting to be scheduled by the Town Council in a convenient location within the Town as determined by the Town Council. Such neighborhood meeting shall be open to all members of the public.
(b) 
All property owners within a five-hundred-foot radius of the proposed project shall be provided by the Town with a copy of the application submitted to the Town along with at least two graphics depicting the project, when applicable. The list of property owners' names and addresses shall be submitted to the Town Manager for confirmation that the list is correct.
(c) 
The Town Council shall conduct the neighborhood meeting and shall keep a record of the meeting to include any questions raised by members of the public and a list of the attendees. The record of the neighborhood meeting shall be retained by the Town and shall be provided to the members of the Town Council and the Planning Board.
(4) 
Town Council Workshop with Planning Board. Following the neighborhood meeting, the Town Council shall hold a workshop with the Planning Board to discuss the project. If time permits, as determined at the sole discretion of the Town Council, the public may be allowed to comment during the workshop as directed by the Council.
(5) 
Town Council Workshop Public Hearing to Planning Board. Following the workshop meeting with the Planning Board, the Town Council shall hear the updated request for a contract zoning proposal and decide whether to continue consideration of the proposal by referring the matter to the Planning Board for a recommendation.
(6) 
Planning Board Public Hearing and Recommendation to the Town Council.
(a) 
In accordance with 30-A M.R.S.A. § 4352, Subsection 8, for contract rezoning, the Planning Board shall hold a public hearing and prior to it post a notice in the municipal office, publish it twice in the newspaper, and send it to the property owner and all abutters within a five-hundred-foot radius. The notice shall include a map of the property and all the proposed conditions of the rezoning.
(b) 
The Planning Board shall review the proposed contract zoning application for conformance with the Town's Comprehensive Plan and land use goals and make a recommendation to the Town Council. This recommendation is advisory in nature; the Town Council may act independently of the recommendation of the Planning Board.
(7) 
Town Council meeting and public hearing. The Town Council shall hold a public hearing and, following any testimony, approve, modify or deny the contract zoning request. If the Town Council modifies the proposal by doing any one or more of the following, the proposal will need to be referred again to the Planning Board for a public hearing and recommendation to the Council:
(a) 
Adds to the list of permitted uses.
(b) 
Eliminates or makes less restrictive performance standards.
(c) 
Reduces setback requirements.
(d) 
Increases the density beyond that allowed in the zone.
(e) 
Makes any other change or changes which substantially modify the proposed agreement that was presented to the Planning Board.
D. 
Term. The term of the contract zoning agreement shall be set forth in the contract agreement. Any violation of the contract zoning agreement shall be considered a violation of this chapter and shall be subject to enforcement under the provisions of 30-A M.R.S.A. § 4452. The contract zoning agreement may include additional provisions concerning enforcement of specific provisions of the agreement.
E. 
Amendments. Any and all amendments to any approved contract zoning agreement shall follow the same procedure as the initial application.
A. 
Warning. It shall be the duty of the Code Enforcement Officer to warn any person, firm, or corporation of violations of this chapter by him or it. The Code Enforcement Officer shall notify in writing the party responsible for such violation, indicating the nature of the violation, ordering the action necessary to correct it, and informing the party of his or its right to seek a variance or other relief from the Board of Adjustment and Appeals.
B. 
Enforcement actions. When the above action does not result in the correction or abatement of the violation, the Town Council, upon notice from the Code Enforcement Officer, shall institute or cause to be instituted in the name of the Town any and all actions, legal and equitable, that shall be appropriate or necessary for the enforcement of the provisions of this chapter.
C. 
Penalties. Any person, firm or corporation, having been issued a building permit for, or being the owner or occupant of, or having control or the use of, or being engaged in the construction, alteration or repair of, any building or land or part thereof found to violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine as established by order of the Town Council. Each day such violation is permitted to exist after notification thereof by the Code Enforcement Officer shall constitute a separate offense.
A. 
Notwithstanding any other ordinance provision to the contrary and in addition to such fees as are otherwise specified by law, the Town shall assess a fee to cover 100% of its costs for outside engineering, planning, legal and similar professional consulting services. Such fees shall be subject to the following limitations:
(1) 
They must be expressly provided by ordinance;
(2) 
The ordinance must require review which is beyond the expertise of Town staff members;
(3) 
They must be reasonable in amount based upon the time involved and the complexity of the review;
(4) 
The results shall be available for public review but shall be deemed to have been made solely for the benefit of the Town and shall remain its property; and
(5) 
They shall be assessed for the privilege of review and so be payable without regard to their results or the outcome of the application.
B. 
Any dispute regarding the application of this section or the amount required to be paid either in advance or upon completion may be appealed in writing within 10 days to the Town Manager who may, after due notice and investigation and for good cause shown, affirm, modify or reverse the disputed decision or reduce the amount assessed. Until the Town Manger has resolved the dispute, no portion of the project review for which the consulting fee is in dispute may go forward unless the applicant has paid or otherwise made satisfactory provision therefor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Where the amount of such fee may exceed $1,000, reasonable provision must be made in advance to guarantee payment. If the balance in the special account shall be drawn down by 75%, the Town shall notify the applicant and require that an additional amount be deposited to cover the remaining work, and no portion of the project review, for which the additional consulting fee is required, may go forward unless the applicant has paid or otherwise made satisfactory provision therefor. The Town shall continue to notify the applicant and require that an additional amount be deposited as necessary whenever the balance of the account is drawn down by 75% of the original deposit. Any excess amount deposited in advance shall be promptly refunded after final action on the application.
D. 
This section shall be administered initially by the Town employee or board responsible for enforcing the ordinance under which review is sought. If any person or any entity or corporation in which said person is a principal owes the Town any amount for fees assessed under this section for any project under this chapter or Chapter 250, Subdivision of Land, such person shall not be issued any building permit or certificate of occupancy or have a subdivision plat released for any other building or development in Town until all such outstanding amounts have been paid in full. An appeal under this section may be brought to the Board of Adjustment and Appeals. No building permit or certificate of occupancy may be issued or subdivision plat released for recording until all fees hereunder have been paid in full.
This chapter shall take effect 30 days after its adoption by the Town Council, unless adopted as an emergency ordinance in which case it shall take effect on its adoption.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).