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. The Cumberland Historical
Society shall be contacted upon submission of application.
[Amended 5-10-2021]
(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]
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]
(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.
(b)
Such appeal shall be made by filing with the Board of Adjustment
and Appeals a written notice of appeal which includes:
(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]
(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 500 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.
[Amended 1-26-2021]
(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]
(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.
[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.
(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]
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.
