(a) Whenever a person, firm, corporation, or other entity (the "applicant") is required by ordinance, rule or regulation of this Village to pay to the Village the fees for review or inspection of a project involving the applicant by any professional on the Village's behalf (such as the Village's Engineer, Solicitor, Architect, Landscape Architect, or Hydrogeologist, hereinafter the "professional") such applicant shall have the right to appeal to the Planning Commission the amount of such professional's fees charged to the applicant.
(b) The appeal shall be initiated within thirty days after the fees are invoiced to the applicant by the Village, by the filing of a written Notice of Appeal with the Secretary of the Planning Commission, together with a deposit of an official bank check or certified check, or cash, in the full amount of the professional's fees which the applicant disputes. Such deposits shall thereafter be held by the Village until such time as the Planning Commission renders its decision as set forth below. The Notice of Appeal shall set forth a written summary of the applicant's grounds for disputing such fees. The professional involved shall thereafter file within fifteen days, a written response to the applicant's appeal.
(c) No later than fifteen days after the filing of such response, the Planning Commission shall conduct a hearing relative to the applicant's appeal. The Planning Commission shall afford both the applicant and the professional the opportunity to present witnesses on its own behalf and to cross-examine evidence of the other.
(d) The Planning Commission shall thereafter determine, by a majority vote, whether the applicant has demonstrated, by a preponderance of the evidence, that the professional's fees are unreasonable. Reasonableness shall be determined based upon the following factors:
(1) The terms of the contract between the Village and the professional.
(2) The complexity of the matter under review by the professional.
(3) Any events or circumstances affecting the professional's review which were beyond the reasonable control of the professional.
(4) The amount of time expended on the review by the professional and the nature of the issues under review.
(e) In the event the Planning Commission denies the appeal, the Village shall immediately utilize the deposit previously referred to herein for the payment of the professional's fees. In the event the Planning Commission agrees with the applicant that the professional's fees are unreasonable, then the Planning Commission shall determine a reasonable amount for such professional fees and shall thereafter direct the Village to pay to such professional the amount so determined from the deposit previously referred to herein. The balance remaining in such deposit shall be remitted to the applicant. Either the professional or the applicant or both, may appeal the decision of the Planning Commission to the Court of Common Pleas under Ohio R.C. Chapter 2506. The Village shall have no liability to the professional for services rendered on any project of an applicant for any sums determined under this section to have been unreasonably charged for such professional's services.
(Ord. 1993-47. Passed 11-8-93.)