[Adopted 5-8-2007 by Bill. No. 1057]
This article applies to every chapter, article,
and section of the Talbot County Code (the "Code").
A.
Applications. Technological and scientific advances
have made review of applications for permits and other approvals or
requests increasingly sophisticated and time-consuming. Oftentimes,
reviews involve technical expertise or specialized knowledge not possessed
by County officials, staff, boards or commissions, or involve projects
so substantial or complex that reviews take an inordinate amount or
proportion of staff time, which interferes with the staff's ability
to process other applications. In those instances, independent third-party
reviews materially assist in better understanding technical and scientific
issues, or in timely completion, and thereby promote a full, fair,
and prompt evaluation of the application. The cost of securing independent
third-party reviews is properly part of the application process and
should be borne by the applicant, not by County taxpayers generally.
B.
Projects. Assuring compliance with applicable federal,
state, and local laws, regulations, and other requirements imposed
upon any approval may involve substantial amounts of staff time and
other County resources. The cost of assuring compliance is properly
part of the project's final approval, and should be borne by the applicant,
not by County taxpayers generally.
The following definitions apply to this article:
A person, firm, or corporation filing an application.
Any request for a permit, license, special exception, variance,
or other form of permission required or governed by this Code, or
any request for action by the County Council, or by any County board,
commission, or other official.
Any form of permission granted or issued upon an application,
including, without limitation, any license, permit, authorization,
exemption, waiver, special exception, variance, certificate, or registration,
by or from the County, upon an application.
Any construction, site work, or other regulated activity
resulting from, or governed by, an approval.
All steps in any process to investigate, evaluate, assess,
appraise, analyze, or decide any application in accordance with the
procedures, criteria, or requirements of this Code, or for inspection,
testing, quality control assessment, evaluation, or certification,
in connection with an approval or project.
A review conducted at the request of the County by any qualified
person, firm, or corporation other than a County employee, including,
without limitation, consultants or other independent contractors retained
by the County for independent investigation, advice, opinions, evaluations,
recommendations, inspections, testing, or quality control assurance
or assessments for, or in connection with, an application, approval,
or project.
A.
General. Third-party reviews of all or any part of
an application, approval, or project may be required by the Planning
Officer, County Engineer, Director of Permits and Inspections or the
County Council whenever a third-party review will materially assist
the County because:
(1)
Review of an application, approval, or project requires
technical, scientific, or other specialized expertise, training, or
knowledge beyond that possessed by County staff; or
(2)
The complexity, amount of detail, or other circumstances
would require an inordinate amount of staff time to perform or complete
the review in a timely fashion or would interfere with the staff's
ability to perform other assigned duties and simultaneously process
other pending applications, approvals, and project reviews in a timely
fashion.
B.
Limitation. Any request for third-party reviews from
the Planning Officer, County Engineer, or Director of Permits and
Inspections shall be subject to approval by the County Manager.
C.
Applications. A third-party review of all or any part
of an application may be required as a condition or requirement to
process any application.
D.
Projects. A third-party review of all or any part
of a project may be required at any stage of the project to assure
compliance with the requirements of any approval.
E.
Selection criteria. The County shall identify qualified
consultants or experts who, in the County's judgment, possess appropriate
qualifications, skills, and resources in the relevant field to conduct
third-party reviews in a professional, timely, and cost-effective
manner.
F.
Employment.
(1)
The County shall employ consultants or experts to
perform third-party reviews in accordance with the County's Procurement
Policy, through a written contract establishing:
(2)
Changes. After execution, any material change proposed
to the written contract shall be disclosed and discussed with the
applicant before being incorporated into the contract.
G.
Costs. Anticipated or estimated costs for all third-party
reviews shall be paid by the applicant in full, in advance, subject
to a final accounting and payment of any additional balance due upon
completion of the review. Payment in full is a condition precedent
both to final action on an application and final project approval.
Conformity with all technical criteria under
applicable laws, rules, or regulations allows, but does not assure,
approval of any application.
Any person aggrieved by any decision of the
County under this chapter shall have the right to file an appeal to
the Board of Appeals within 30 days from the date of the decision.
