(A) (1) The fees for all applicant costs incurred in this chapter shall be established by the Town Council as identified in division (B) below.
(2) Furthermore, no plan shall be accepted for filing and processing, as provided in this chapter, unless and until a filing fee is paid to the town and the application is deemed complete by the Building Commissioner.
(3) The applicant shall be responsible for unforeseen expenses incurred by the town in reviewing plans or any modifications to such plans. Such expenses may include items such as the cost of professional consulting services including expenses and legal fees in connection with reviewing the plan, prepared reports, inspections, the publication and mailing of public notice in connection therewith and any other reasonable expenses directly attributable thereon.
(4) Failure to pay costs within 30 days of invoice shall stop all processing and review of the plans or shall cause suspension of all development activities on the site.
(5) Applications and petitions filed pursuant to the provisions of this chapter shall be accompanied by filing fees for the following:
(a) Applications for an improvement location permit including:
1. New structures; and
2. Any structural alteration, which results in an increase in size to the building area of the original structure.
(b) For an appeal from the decision of the Building Commissioner to the Board of Appeals;
(c) For an application for a special exception or variance;
(d) For each application for the approval of a shopping center; and
(e) For a petition for an amendment to this chapter.
(6) No part of any filing fee paid pursuant to this division (A) shall be returnable to the applicant or petitioner.
(B) (1) The Town Council shall, by ordinance, establish a schedule of fees for improvement location permits, amendments, appeals, variances, special exception use permits, plan approvals and other matters pertaining to the administration and enforcement of this chapter requiring investigations, inspections, legal advertising, postage and other expenses. Such expenses may include items such as the cost of using professional services to review plans or applications.
(2) The schedule of fees shall be posted in the office of the town’s Building Department and may be altered or amended only by the Town Council.
(3) Until all applicable fees have been paid in full, no action shall be taken on any application or appeal. Upon the finding of a zoning ordinance violation by a court of competent jurisdiction, the Court may award the town a reasonable attorney fee for the prosecution of said action.
(Ord. passed 9-26-2006)